Equine Disputes
Owning and riding a horse comes with its risks. Even if you have taken steps such as;
• Drafting an appropriate ownership agreement, or
• Having insurance in place
Disputes can still arise.
As such, a proper knowledge of equestrian law is vital in understanding your rights and responsibilities.
At Rothera Bray, our equine solicitors can help at whatever stage. Whether you are buying or selling a horse or are in dispute with a co-owner.
Our knowledge of equine law and commercial law means we are well placed to provide tailored advice.
Caroline Bowler heads up our equine law team. Caroline is experienced in using alternative dispute resolution methods to resolve disputes. As well as traditional court proceedings where needed.
Call our Equine Law Team Email our Equine Law Team
I Have Bought a Horse That is Lame, Can I Make Claim Against the Seller?
This depends on the terms stated in the contract of sale and what you agreed with the seller.
In England and Wales, the law relating to the sale of goods applies when purchasing horses. An agreement for the sale of a horse will include both;
- Terms that were specifically agreed between the parties (“express terms”) and
- In certain circumstances terms implied by law (“implied terms”)
If;
- You bought a horse for a particular purpose, such as competing in a certain event, and
- You made this known to the seller before buying the horse
It will be an implied term of the agreement that the horse was fit for that purpose. As such, the seller may be liable if the horse is lame and not fit for the purpose that you made clear to the seller.
My Horse Has Injured Someone, Am I Liable?
The injured party can bring a claim under the Animals Act 1971.
However, horses can be unpredictable and sometimes cause injuries. Also, the law around animals causing damage can be difficult to understand. As a result, the Court will use a three-stage test to determine if the owner of the horse is liable.
First, the injured party needs to establish that;
- The horse was likely to cause damage unless restrained, or
- If the horse caused damage, it was likely to be severe
Next, the claimant must prove that the damage caused by the horse;
- Was due to behaviour that is not usually found in horses, or
- Only found in horses in particular circumstances, which may require expert evidence.
Finally, factual evidence will be needed to determine whether the behaviour which caused the injury or damage was known to the owner.
What Rights Do You Have When Buying a Horse?
If the sale of the horse is between a trader and consumer, you will have some protection under the Consumer Rights Act 2015.
This automatically implies that the horse;
- Must be of satisfactory quality
- Fit for purpose, and
- Sold as described, both at the time of the sale and delivery
You have 30 days to reject the horse and claim additional losses if:
- There is a breach in its quality
- Fitness for purpose, or
- If it’s not as described
This starts from the date of receipt.
If you do not reject the horse within 30 days, then under the Act you must exercise a right of repair or replacement at the seller’s expense.
Will I Have to Go to Court to Resolve An Equine Dispute?
In most cases we can resolve equine disputes using alternative dispute resolution methods.
If your case goes to court our Equine Law specialists have considerable experience. in court proceedings. We will be able to support and guide you through every step.
Why use Rothera Bray for Equine Disputes?
We can provide advice on:
- Horse sale and purchase disputes
- Co-ownership disputes
- Veterinary negligence disputes
- Livery yard disputes
- Faulty equestrian equipment
- Disputes relating to the Animal Act 1971
Rothera Bray LLP are Official Legal Partners to British Dressage and The British Show Pony Society
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“We strive to make every matter as stress free as possible”
Caroline Bowler
Equine Solicitor
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