Welsh v Stokes & Anor [2007] EWCA Civ 796 (27 July 2007)

Welsh v Stokes & Anor [2007] EWCA Civ 796 (27 July 2007)

The Court held that the trial judge was entitled to give weight to the hearsay evidence after considering the statutory safeguards, and that strict liability under section 2(2) of the Animals Act 1971 was established because rearing in the particular circumstances was a normal characteristic of horses, and the defendants, as experienced keepers, had the requisite knowledge of this characteristic.

Citation
[2007] EWCA Civ 796
Parties
Appellant/defendant: Aimee Welsh; Respondent/claimant: MJ Stokes; Respondent/claimant: GJ Stokes
Jurisdiction
England and Wales
Judgment Date
27 July 2007
Procedural Posture
Civil Appeal / Appeal From Plymouth County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Strict Liability, Hearsay Evidence, Animals Act 1971, Civil Evidence Act 1995, Personal Injury
Tort Law Animal Law Civil Procedure Strict Liability Hearsay Evidence Animals Act 1971 Civil Evidence Act 1995 Personal Injury

Case Brief

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Parties

Aimee Welsh

Appellant/defendant

MJ Stokes

Respondent/claimant

GJ Stokes

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Plymouth County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge was entitled to give weight to uncorroborated hearsay evidence in determining liability
  2. 2 Whether strict liability under section 2(2) of the Animals Act 1971 was correctly applied

Ratio Decidendi

The Court held that the trial judge was entitled to give weight to the hearsay evidence after considering the statutory safeguards, and that strict liability under section 2(2) of the Animals Act 1971 was established because rearing in the particular circumstances was a normal characteristic of horses, and the defendants, as experienced keepers, had the requisite knowledge of this characteristic.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the judgment of the Plymouth County Court is affirmed.