Goldsmith v Patchcott [2012] EWCA Civ 183

Animals Act 1971: Endangering species

Jonathan Hand QC provides advice on the difficult issue of how to apply the provisions under the Animals Act ‘A keeper of an animal (among other things, a person who owns the animal or has it in their possession) can be held liable for damage which it has caused, even though this was not due …

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Animals Act 1971: Prosecuting and defending equine claims

John Snell provides invaluable advice on this difficult area of law ‘Where the Animals Act 1971 applies, there will often be little or nothing to be gained for a claimant by also pleading a claim at common law.’ A horse, as Lord Justice Lewison observed in Turnbull v Warrener [2012] at para 56, is a …

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Case Report: Goldsmith v Patchcott [2012] EWCA Civ 183

Animals Act 1971; ss2 and 5(2) ‘The judge held that the appellant had known that there was a risk that a horse would rear and buck if startled or alarmed and had voluntarily accepted that risk by riding Red.’ The Court of Appeal decision in Goldsmith v Patchcott provides further guidance on the application of …

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The Animals Act 1971: Horse play

Roger Harris discusses the implications of the latest authority ‘The basic concept underpinning the Animals Act 1971 is that a keeper of an animal should be liable for damage caused by his animal if he knew that the animal might be dangerous in the circumstances.’ It is now almost ten years since the Animals Act …

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