21/05/2020 0 Comments
Horse and Hound Magazine Publish a Short Interview with Simon Bell on the Importance of Livery Agreements
Simon Bell has been interviewed about the importance of having a written livery agreement in place when either offering a livery service or making use of a livery provider for this week's edition of Horse and Hound. The interview follows Simon and Jonathan Manser's successful action in the County Court whereby the Court ordered the return of 10 (formerly11) horses to a Knights' client. The case raised (and raises) interesting issues about how, when and if private individuals can detain horses on their land and the purposes of the legislation in place that enable (in specific circumstances) detention to occur. In our most recent case the Court and (eventually the) Defendant accepted that the Defendant had no right in law to detain the horses on welfare grounds and the Defendant relinquished a claim of ownership that had been maintained on the basis that the "abandonment procedure" under Animals Act 1971 (as amended by the Control of Horses Act 2015). The remainder of the case now surrounds the Defendant's assertion that a verbal livery agreement was in place between her and our client.
Livery agreements are contracts whereby each party sets out and understands what the service consists of that is being offered and accepted and provide protection for the horses and the parties entering into the agreement. Often issues surrounding responsibilities towards the welfare of horses taken in by livery providers arise which can become confusing if not fully understood and set out under an agreement. Further, there are regulatory requirements that livery providers need to be aware of and comply with - including the need for planning permission to act as a livery provider.
If you use a livery service, if you provide a livery service or if you are thinking about providing a livery service and are unsure about the status of, need for or your rights under an agreement, whether you have the correct planning permission for your livery service or if you are unclear as to the welfare responsibilities involved in the provision (and use) of a livery service then why not call us for some advice? It could save you a lot of time, money and heartache in the long term. Contact us on 01892 537311 or at firstname.lastname@example.org