King's / Queen's Bench Division of the High Court

QB-2018-004997 - [2025] EWHC 2301 (KB)

Fecha: 09-Sep-2025

Liability

Liability

18.

The issues which I have to decide in order to determine liability are as follows:

What the circumstances of the Claimant’s accident were, in particular whether Jazz had bucked on a previous occasion during the lesson.

ii)

Whether the Defendant was in breach of its common law duties to the Claimant either by supplying her with unsuitable boots, or by pairing her with an unsuitable horse, or by failing properly to train and instruct her;

iii)

Whether the Defendant, as Jazz’s keeper, is liable to the Claimant pursuant to section 2(2) Animals Act 1971,

Heading
Christopher Kennedy KC (sitting as a Deputy High Court Judge)
Liability
The circumstances of the accident
Breach of duty
The Animals Act 1971
Fundamental dishonesty
The evidence relating to the allegations of fundamental dishonesty
Responsibility for the horses
Evidence relating to the Claimant’s car
Other material inconsistencies
CPR 44.16
“Dishonesty”
“Fundamental Dishonesty”
The cases advanced by the parties
Findings on fundamental dishonesty
The video surveillance
Horses
The car
Conclusions