Lisa Jane Ford v Jonathan Tippet Seymour-Williams

Lisa Jane Ford v Jonathan Tippet Seymour-Williams

The appeal was dismissed because the appellant failed to establish that the respondent had knowledge of the particular circumstance (catastrophic internal injury) that caused the horse to rear. Identification of the specific circumstance and knowledge thereof are required under s. 2(2)(b) and (c) of the Animals Act 1971.

Parties
Claimant/appellant: Lisa Jane Ford; Defendant/respondent: Jonathan Tippet Seymour-Williams
Jurisdiction
England and Wales
Judgment Date
08 December 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Strict Liability, Animals Act 1971, Personal Injury, Employer's Liability
Tort Law Statutory Interpretation Strict Liability Animals Act 1971 Personal Injury Employer's Liability

Case Brief

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Parties

Lisa Jane Ford

Claimant/appellant

Jonathan Tippet Seymour-Williams

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether identification of the 'particular times' or 'particular circumstances' when the relevant characteristic arises is necessary for the purpose of s. 2(2)(b) of the Animals Act 1971
  2. 2 Whether knowledge for the purpose of s. 2(2)(c) requires knowledge of those 'particular times' or 'particular circumstances'
  3. 3 Whether the trial judge erred in his approach to and findings on the facts

Ratio Decidendi

The appeal was dismissed because the appellant failed to establish that the respondent had knowledge of the particular circumstance (catastrophic internal injury) that caused the horse to rear. Identification of the specific circumstance and knowledge thereof are required under s. 2(2)(b) and (c) of the Animals Act 1971.

Court Disposition

Appeal dismissed