Any legal gurus in here? (/best place for equine legal advice?)

B

Breez

Well-Known Member
Joined
6 August 2013
Messages
65
Visit site
Hi guys,

I'm just wondering if there are any legal boffs in here, or if anyone can point me in the right direction re: horsey legal advice. It's regarding being mis-sold an animal, I'm aware the BHS offer free advice if you're a gold member; unfortunately I'm not a member.

Any pointers would be appreciated, or if there's anyone clued up that I could PM, that would be amazing. I'm reluctant to put full details in such a public place at this stage.

Thanks!
 
If it was a private seller then I don't think trading standards would be interested and you probably haven't got a case unless the sellers have lied and you have it in writing eg the horse is not as described in the advert.
 
Hmm.. :S dunno, but surely it's worth enquiring?
If they've told you a load of B****ocks about the horse they've still entered into a verbal contract with you regarding the horse and obviously your payment on those conditions.
I don't know how successful a claim would be on those basis though.
 
Thanks Darremi, I'll look into those :)

bonny, I know. I'm 99% sure we have a case. Having spoken to a friend's husband (who is a solicitor, but clueless about the horsey world), he's pretty sure they've "hanged" themselves and that it's worth pursuing.

Aimee, the original advert wording was b*****ks, and I'm left with a worthless animal. The seller was aware, but chose to omit details prior to sale. It's worth an enquiry, definitely. Thank you.
 
You're going to have evidential problems if the claim is based on a verbal contract though.

You are quite right to keep all details out of the public domain.
 
Last edited:
I'm pretty sure I have everything I need electronically :) Just need the right person to make head or tail of it for me.

Thanks equi!
 
I also found this:

http://www.horseandhound.co.uk/hors...advice/ask-hh-horse-misrepresented-by-seller/

If you are interested in learning more about the legal issues this website sets cogently out the English law of misrepresentation:

http://www.e-lawresources.co.uk/Misrepresentation.php

Things to consider when contemplating litigation:

i) If you win can the other side afford to pay?
ii) If you lose can you afford to pay the other side's costs?
iii) Do you have enough evidence to prove your version of events? Ie. witnesses/paper trails/expert opinions
iv) Is it financially worth the hassle? Ie. was the horse of high value
v) If you choose to represent yourself this will involve a LOT of work and research to ensure that you are completely clued up on the law. Remember that you would more than likely be opposing a trained lawyer which means you're not even at the start line when he leaves the gate!

There is an old adage that every lawyer knows: "He who represents himself has a fool for a client".

Just remember that a lawyer is often money well spent IF you have a good case.

Good luck!
 
Contact a professional, equine specialised is better but even if they are not they will still be able to advise you. Legal professionals must quote you what you will be charged for their services beforehand. Make sure whoever you're getting advice from is registered with the better respective fields.

Make sure the opposing side has the money to pay (isn't on benefits, is employed, not in debt) before you even bother going forwards, as what you want is a refund/damages and the court costs repaid; but you should be made clear about this before you go forward. However if they don't actually have money, you wont get anything and will probably end up out of pocket.
Also make sure you have the money to go through the court system as this can be an awful lot including a solicitor. Make sure the risk is worth it (im sure it is though!).

Get your facts together, try and dig up every single bit of evidence you can no matter how irrelevant ect it may seem as it can make or break your case. Plus, make sure you get yourself a really good lawyer as it can be tough with private deals. Always remember your rights are never, ever less with a private seller - its just harder to prove the cause.

I wish you all the best and am really sorry this happened to you, If you need anything Im happy to try and help.
 
Don't rely on posts on forums for legal advice, the posters mean well but the content is not always correct. People voice their opinion based on logic, unfortunately the law is not always logical. I was involved in law for over 30 years but my expertise was in a different field. I would advise you to speak to a specialist solicitor well versed in the equine industry.

You could try:
http://www.equinelawuk.co.uk/
http://www.darbys.co.uk/personal-legal/equine-law-solicitors.html
http://www.kitsonandtrotman.co.uk/equine.html
http://www.equinelawyers.co.uk/
http://www.stephensons.co.uk/site/individuals/srvdisputes/disequine/

Any of these 5 will give you sound advice & take the necessary action on your behalf. Obviously there are other solicitors you could use as well. Good Luck :)
 
Thanks Darremi - all good points to consider. I'm feeling like I'm stuck between a rock and a hard place, really.

littlemare - I'm not sure whether the risks are worth it or not at the moment, hence seeking advice. I really need a second opinion from someone who has a base idea of both horses (who will understand the predicament) and the law... I'm clueless on legal matters. My head is running circles at the moment.
 
Toby_Zaphod said:
Don't rely on posts on forums for legal advice, the posters mean well but the content is not always correct. People voice their opinion based on logic, unfortunately the law is not always logical. I was involved in law for over 30 years but my expertise was in a different field. I would advise you to speak to a specialist solicitor well versed in the equine industry.

You could try:
http://www.equinelawuk.co.uk/
http://www.darbys.co.uk/personal-legal/equine-law-solicitors.html
http://www.kitsonandtrotman.co.uk/equine.html
http://www.equinelawyers.co.uk/
http://www.stephensons.co.uk/site/individuals/srvdisputes/disequine/

Any of these 5 will give you sound advice & take the necessary action on your behalf. Obviously there are other solicitors you could use as well. Good Luck :)
Click to expand...

Thanks Toby_Zaphod :) I'm just a little concerned over costs... I'm already well out of pocket due to the issue at hand, so I'm a little confused as to whether to go ahead or not. Horse buying is such a minefield :(
 
Do you know what you want the outcome to be ? Do you want a refund and the horse returned or are you after costs as well ?
 
Sorry, I didn't mean to suggest you should already know what to do.

I think the best thing to do would be to contact some lawyers (many good ones already suggested) and ask them directly. The advice will be much more dependable from there and it will enable you to make your own choice on what to do :)
 
bonny said:
Do you know what you want the outcome to be ? Do you want a refund and the horse returned or are you after costs as well ?
Click to expand...

I don't know which way is best, in all honesty. He's a nice sort that should come right with a rather large financial bill... however as he is, I doubt they'd have got more than meat money in the current market. I'd be willing to give him the chance, if I could afford to.

amymay said:
Was the horse vetted?
Click to expand...

No. Having said that, I'm not sure a vetting would've picked up on it anyway.
 
You must log in or register to reply here.
Top