Equine Law

Whether horses are your business or hobby, they are undoubtedly a potential minefield of risks. Insurance can of course limit the risks but there are certain things that simply cannot be insured against such as contractual disputes on sale or purchase, unpaid livery bills, co-ownership disputes - the list goes on.

Unlike other businesses, equine business has been conducted with nothing more than the strength of a handshake. In a consumer driven society however, this informal approach has given rise to an increasing number of legal disputes.

Here at Actons, we provide a range of services to assist in resolving such disputes. Our key services in this respect include the following:

• Contractual disputes - eg. Sale and purchase of a horse that involved a misrepresentation on the part of the vendor.
• Veterinary negligence - eg. Where a vet has failed to notice a significant defect in a horse's health or has incorrectly certified it to be fit for intended purpose
• Liability arising under the Animals Act 1971 - eg. Damage to a third party or a third party's property caused by your horse
• Other commercial disputes.

In an attempt to minimise the risks of litigation in the first place, Actons can also assist in drawing up specific agreements to cater for all types of transactions. Here are just a few 'high risk' areas in which we can help you:

• Sale and Purchase Agreements - When acting for the purchaser we can ensure that the vendors representations as to soundness, character, suitability for purpose and other material warranties are legally binding. To afford protection to the Vendor against potential claims. Any specific warranties given to the purchaser would be defined precisely.
• Loan Agreements - Defining the parties respective risks and responsibilities such as Livery costs, Insurance, accident and injury (preventing use of the horse for competitions) and an agreement as to possible option to purchase.
• Livery Agreements - Defining the extent of the livery services, the parties responsibilities and liabilities if things go wrong and creating a legal lien against the horse/equipment for security when livery bills remain unpaid.
• Stud Agreements - relating to both stallions & mares

For further information please contact Caroline Bowler on 0115 9 100 200 or email equine@actons.co.uk.