Island Life Magazine Ltd December 2006/January 2007 | Page 57

Sponsored by Froghill and Brickfields - EQUESTRIAN

Brush up on
equine law?
by Mark Charter

Equine law is becoming rather complicated, especially
in the age of claim, claim, claim. However, in each
issue of Island Life we will try to demystify some of
these laws and explain what the implications could
be for both rider and member of the public.
Many of you out there have
different ideas on what is legal and
what is not legal. We have asked
Mark Charter from Blake Lapthorn
Linnell (equine law specialists) to
clarify some key questions we have
regarding certain circumstances in
which you could find yourself as a
rider.

Riding hats
Did you know that if you are the
person responsible for a child under
14 (or have “custody or possession”
of the pony or horse being ridden by
the child on the road) and the child
is not wearing a hat, you could be
liable for prosecution? The Horse
(Protective Headgear for Young
Riders) Act makes it compulsory for
a child under 14 to wear protective
headgear when riding on a road
(other than a bridleway or footpath
not associated with a carriageway).

Escaping or
straying horses
On 29 August 1996, a horse
(which had been spooked for some
unknown reason) escaped from a
fenced field onto the A380 in Devon.
The horse collided with a car driven
by Mr Hossein Mirvahedy, who
sustained serious injuries and the
horse died. Mr Mirvahedy sued
the horse’s owners, Doctor and Mrs
Andrew Henley. The case reached
the House of Lords in March 2003,
whereby it was decided that whilst
Doctor and Mrs Henley had not
been negligent in failing to fence the
horse into the field, they were to be
held strictly liable for the injuries
the horse caused. Mirvahedy relied

on section 2(2) of The Animals Act
1971 and this case subsequently,
opened the floodgates for such
claims. Since then horse and cattle
owners have been found liable in
cases where their animals have
escaped, due to acts of unknown
third parties or storm damage to
fences, and cause injury and/or
damage to others. At last, we have
some light relief from the Court
of Appeal in a case called Richard
Clarke v Keren Bowlt (2006). In
this case, a horse being ridden along
a road spooked into the path of a
car passing it. The horse had not
been frightened by anything and
the rider could not have prevented
it from happening. The Court has
recognised that accidents involving
horses can simply be an “unlikely
mischance for which no-one had
been to blame” and, in this case, the
rider could not be held liable for the
damage or injuries caused. Such
cases have been a timely reminder
to horse owners of the importance
of adequate and up to date insurance
cover.

Towing, are you legal?
You’ve bought the horse, the new 4
x 4 and trailer, now you are ready
to go out to your first event. Before
you load your horse and venture
out, check that you are in fact
entitled to tow. Since 1 January 1997
changes came into effect that means
all drivers who passed their test
after this date may need to take an
additional test if they intend to tow
a trailer. New drivers after 1 January
1997 are permitted to drive category
B vehicles of up to 3