1. Act promptly and observe all deadlines – Read all documents carefully and make note of any deadlines for response.
2. Ask for relevant evidence and preserve what you have– Ensure that you request copies of all documents and evidence which you are entitled to see. Consider what documents or information you may have at your disposal to assist your case. Be aware that some electronic information could be lost if not backed up.
3. Check that appropriate procedures have been followed– It is vital for all parties that any evidence is reliable and that applicable rules have been followed in the investigation process. For example, in anti-doping cases, check that all veterinary documentation has been completed accurately and in accordance with applicable procedures.
4. Seek legal advice: Early advice from specialist legal representatives could prevent escalation, or avoid sanctions. Seeking the necessary advice will help you to present your defence on the best possible footing, to obtain expert evidence and to present your arguments at any hearing.

If you require advice or representation concerning an investigation or proceedings brought by any equine regulator or governing body, please contact us to discuss. Our team has extensive experience advising riders, trainers, farriers, and other equine practitioners in respect of all nature of disciplinary matters.

The post Key Steps for Responding to Equestrian Disciplinary Proceedings first appeared on The Equine Law Firm (UK).

The post Key Steps for Responding to Equestrian Disciplinary Proceedings appeared first on The Equine Law Firm (UK).

The rider fell from her horse at a guarded road crossing, leading to her horse bolting and becoming lost. The horse was later found 2 hours later and was inspected by a vet and deemed fit to compete. The Ground Jury proposed that the rider continue from the point of the fall, but the rider’s team suggested restarting from the vet gate (a later point on the course, where the horse had been taken to by those who found it). The Ground Jury’s proposal was not accepted and the horse was therefore eliminated. 

The Spanish team appealed the decision. They argued that the removal of the horse without their consent contravened rules regarding the responsibilities of the person responsible for the horse.

The key preliminary issue for the FEI to decide was whether it was able to consider the appeal, or whether it was a “Field of Play” decision, which was not appealable according to the FEI’s General Regulations. The Tribunal concluded that this was a clear Field of Play decision, and the Spanish team’s request for financial compensation was therefore denied.

Albeit that this case turns on a very unusual set of facts, it is a reminder that if the applicable regulations preclude a right of appeal, a Tribunal is unlikely to interfere with the decision of a ground jury or steward. These regulations are drafted keeping in mind the special perspective, insight and experience which those responsible for making such rulings at competitions hold.

If you would like to discuss any kind of proceedings or appeal concerning an equestrian federation or association, contact us today.

2024.01.08_Motivated Decision A23-0005.pdf (fei.org)

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The post FEI Tribunal: No right of appeal for case concerning a horse which was missing for 2 hours during endurance event first appeared on The Equine Law Firm (UK).

The post FEI Tribunal: No right of appeal for case concerning a horse which was missing for 2 hours during endurance event appeared first on The Equine Law Firm (UK).

See the article in full at https://www.horseandhound.co.uk/news/ban-for-rider-who-ran-away-from-anti-doping-sample-collection-841931

If you require assistance in respect of disciplinary proceedings, contact us today.

The post FEI Tribunal issues ban for failure to produce sample first appeared on The Equine Law Firm (UK).

The post FEI Tribunal issues ban for failure to produce sample appeared first on The Equine Law Firm (UK).

The lawyer’s view: top tips when buying a horse (horsequesthub.co.uk)

The post The Equine Law Firm speaks with HorseQuest first appeared on The Equine Law Firm (UK).

The post The Equine Law Firm speaks with HorseQuest appeared first on The Equine Law Firm (UK).

You can read more about Hannah’s appointment here: Sarah Crowther KC confirms appointees to BHA’s independent Judicial Panel | British Horseracing Authority

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The post Hannah Bradley appointed to Judicial Panel appeared first on The Equine Law Firm (UK).

It is sometimes the case that the seller of a horse will obtain a vet report before marketing a horse sale, and will share that report with prospective buyers. If the vet who conducted the inspection for the seller has missed an issue, it is less clear whether the buyer would have a right to claim compensation against the vet.

A successful claim in negligence requires there to be a “duty of care” between the two parties. A vet will always owe a duty of care to their client, but may not owe one to a third party (in this case, the prospective buyer).

The Court of Appeal recently gave judgment in a case concerning a professional’s duty to a third party, who is not their client. In this case, a barrister had given advice to promoters of a series of tax-avoidance schemes, which were sold via financial advisors to wealthy investors. The schemes failed, and the investors sought to sue the barrister in relation to the advice which he had given to the promotors of the scheme, but which had been made available to potential investors.

The Court of Appeal decided that there was no duty of care owed by the barrister to the investors, and their claims were dismissed. The Court affirmed that for a professional to owe a duty of care to a recipient of their advice who is not their client, it must have been both reasonable for the recipient to rely on the advice and reasonably foreseeable to the professional that the recipient would do so.

Therefore, the question of whether vet could be liable to a prospective buyer for advice given to a seller of a horse in respect of a pre purchase report is likely to be highly fact sensitive and a key issue will be whether the vet knew that the seller intended to share their report with potential buyers. However, the judgment referred to above suggests that the Court is reluctant to impose a duty of care on a professional to somebody who is not their client. In light of this, it is prudent for buyers of horses to instruct their own veterinary inspection, where possible.

Take a look at the Horse & Hound coverage of this issue at Buying horses: why you can’t legally rely on a seller’s vetting – Horse & Hound (horseandhound.co.uk)

The post The Equine Law Firm speaks to Horse & Hound regarding the duties of vets to non-clients first appeared on The Equine Law Firm (UK).

The post The Equine Law Firm speaks to Horse & Hound regarding the duties of vets to non-clients appeared first on The Equine Law Firm (UK).

Protecting yourself and your business when buying or selling horses internationally

The post The Equine Law Firm speaks with Al Badia Magazine first appeared on The Equine Law Firm (UK).

The post The Equine Law Firm speaks with Al Badia Magazine appeared first on The Equine Law Firm (UK).

Transacting overseas carries a higher legal risk than domestically. Here are our tips to put yourself in the strongest possible position:-

1. Insist on a clause in your contract which provides that any disputes will be governed by the laws of your country and that any disputes will also be heard in the Courts of your country. This avoids you having to navigate a foreign legal system, and possibly attend a trial abroad, in the event of a dispute.
2. With a longer and riskier shipping process than usual, agree specifically the moment when risk for injury to or death of the horse will pass from buyer to seller- will it be on payment, on collection or delivery?
3. Ensure that you are familiar with any health or regulatory restrictions on movement of equines which may delay or disrupt the transaction.

Call us today if you wish to discuss how to protect your interests in any prospective transaction.

The post Top Tips for International Transactions first appeared on The Equine Law Firm (UK).

The post Top Tips for International Transactions appeared first on The Equine Law Firm (UK).

https://www.whickr.com/blog/can-i-really-return-a-horse-after-purchase-and-more-questions-answered-by-the-experts/

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The post Take a look at our interview with Whickr App appeared first on The Equine Law Firm (UK).

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The post COVID 19: Protecting your equestrian business appeared first on The Equine Law Firm (UK).