Many agricultural landowners appear to be unaware of the distinction between agricultural use of land and equestrian use of land.  ‘Agriculture’ is defined as: “horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land) the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes.”

The only equestrian “use” that falls within the agricultural definition is:- producing horses for slaughter, working horses on the land (e.g. ploughing with horses which is a rare sight today), and turning horses out for grazing only.

The most common form of agricultural equine use is grazing horses on land.  However, as soon as more is being done to the horses than merely grazing, for example additional feeding on the land, rugging the horses and/or riding them on the land, use falls within “equestrian use.”  The landowner must then apply to his/her local planning department for a change of use from agriculture to equestrian.

Landowners have been facing enforcement action for unlawful equestrian use for a variety of reasons such as allowing agricultural buildings on their farms to be used for keeping horses and turning horses out on agricultural land with additional feed, rugging and riding on the land.  Enforcement action focuses on returning the land and buildings to their original state, which can be tricky if a landowner has agreed a formal written lease with an equestrian tenant for such use!

Equine lawyer Sarah Jordan, of Daltons Solicitors, said that the injury to
Yogi caused the horse a lifelong scar. “Liability was accepted early on by
the Mounted Unit, who took full responsibility for veterinary fees. Mrs
Atwell’s associated costs had to be negotiated. The monetary award she
received included factors such as payment for the loss in value of Yogi,
keep and travel fees, and contribution to re-schooling fees.”

The key to the successful settlement, Sarah Jordan explained, was a formal
written loan agreement between Mrs Atwell and the Mounted Unit.  “This
included the value of the horse at the date of the loan. Arguments by the
police during the negotiations to reduce the value of Yogi failed because
the loan agreement was there in black and white.”

“This case is a prime example of the importance of getting agreements in
writing,” Sarah added. “Far too often agreements are made in the equine
industry by handshake only. Nothing is recorded, and there is no paper trail
to rely on in the event of a dispute.’

Mrs Atwell expressed her thanks to her equine law specialist Sarah Jordan
and she stressed the importance of having legal expenses insurance cover for
a horse out on loan. “I would like to stress the importance of using a
specialist equine lawyer for claims,” Mrs Atwell said. “Sarah Jordan was
able to relate to my position, and use her practical knowledge of horses to
my advantage.
 
“My settlement goes some way to soften the blow, but I am still at a loss
as to how a nationally recognised body such as the Mounted Unit allowed
procedures to lapse causing the injury to Yogi.

“This experience means I will  never loan out a horse again. Although I
had a formal loan agreement, the stakes are still too high when something
goes wrong; and the borrower has the right to return the horse to its
owner.

“I am very lucky to have been able to pursue my claim. I maintained an
insurance policy with the NFU for Yogi during the loan period, which
included legal expenses cover. Without this cover, I would have struggled
financially to bring the claim and may not have received the settlement that
was negotiated by Sarah Jordan.”

Horse & Hound advised there are arguments both for and against the matter of whether owners of animals are responsible for “losses” sustained by third parties.

Sarah advised that if the dog owner were to make a claim, they may argue the horse owner is strictly liable for the dog’s injuries.  “However, in this case, the dog was acting aggressively towards the horse, which caused the kick.  In this regard, there is clearly a contributory element on the part of the dog owner,” said Sarah.  “It would be very helpful to obtain statements from any independent witnesses to the dog chasing and attacking the horse.  These would support the defence if needed.

“At this stage, the reader should sit tight and deny any liability.  If the dog owner decides to make a claim, he/she would need to send a pre-action letter of claim, setting out the crux of their case, to which you would then have 28 days to respond and take some legal advice.  Check whether any insurance policies you hold provide you with legal expenses cover,” added Sarah.

Sarah Jordan explains that this decision will act as a precedent in any future doping claims by the FEI if the rider / horseowner can prove the contamination came from a commercial supplement.

An intensive eight-hour schedule has been devised to ensure the students obtain a good basic understanding of equine contract law, equestrian property transactions and equine dispute law.  In addition Sarah will take students to lunch where they can quiz her about life as an equine lawyer and a career in law in general.

Sarah comments: “I regularly receive requests from students who want to be an equine lawyer … the Equine Law Studentship has been designed to satisfy these requests subject to application.  I intend this to be an annual award giving students the opportunity to learn about this specialist career path.”

To apply please submit two maximum 100 word responses to the following questions:

(1)      For who and why is it important that a lien clause be incorporated into a livery agreement?

(2)      What reasons would make you a good equine lawyer?

Information can be found at: www.equinelawyer.co.uk

Replies are to be sent to Sarah by email at sarahjordan@daltons-law.co.uk by no later than 4pm on Friday 18 June.  Applicants must include their name, date of birth, place of education and contact telephone number.

Sole discretion over the winning applications rests with a panel of judges at Daltons and the winners will be notified of their success by the end of June.  The successful applicants must be available this July or August 2010, be able to attend at Sarah’s office in Petersfield, Hampshire and be interested in pursuing a career in law.  The judges’ results are final.  Details of the judging panel can be obtained from Daltons.  This competition is not open to employees or relatives of employees of those associated with this award scheme.

The Code is designed to act as a tool when bringing evidence in prosecution cases.   In particular, it will make it clear to any ‘non-horsey’ judge / lawyer exactly what should be done in practice, which will aid them when making a decision on any particular welfare case in hand.

The Code should also be a starting point for anyone wishing to report a welfare case as this will aid the investigating charity (such as the RSPCA).