A Devon couple whose horses broke loose and strayed onto a road, two of them colliding with cars and severely injuring motorists, have today failed in their final attempt to ward off a massive compensation bill.
Today’s House of Lords decision has wide-ranging implications for anyone who keeps horses in a field. It could increase their insurance costs, and means that they will have to take even greater precautions to prevent their animals from escaping.
In a majority ruling, the five law lords upheld a landmark Court of Appeal ruling that Andrew and Susan Henley were liable to pay damages to one of the injured drivers even though their horses had been adequately fenced in and they had not been negligent.
The amount they have to pay to 47-year-old hotel manager, Hossein Mirvahedy, once a keen sportsman who had played for Exeter City Football Club, has yet to be assessed, but it is bound to be substantial.
The Law Lords by a 3:2 majority, backed the Appeal Court decision that even though the Henleys had not been negligent, they were nevertheless “strictly liable” to compensate Mirvahedy, of Serge Court, Shilhay, Exeter, under the terms of the 1971 Animals Act.
References: PLS News 20/03/03
