Find out more about our founder Chris Hook and his niche equine law practice in this Q&A.
How did you get into equine law?
I was obsessed with horses and started riding at a young age. Coming from a non-horsey family, it started as a hobby. My brothers and I would have weekend lessons at a riding school. I distinctly remember wanting to be a jockey at the time.
Progressively, we got more and more into show jumping. Prior to qualifying as a solicitor I managed my own show jumping yard and stud farm together with one of my brothers who represented Great Britain at under 21 level. We travelled all over competing with the horses.
When training to be a solicitor it was not my plan to specialise in equine law. In fact, it is such a niche area that it had not occurred to me that it was an option. Once I qualified, my friends from the equestrian world started coming to me for advice. Specialising in equine law happened organically from there.
A lot of my training contract was spent in the insolvency and restructuring department, my other specialist area of law. Once I qualified, I worked at another solicitors practice with an equine and bloodstock department.
Thereafter, it was a natural progression for me to set up Kilcradin Solicitors to provide a niche equine law offering alongside my other areas of practice.
I am still involved in the equestrian industry to this day, albeit on a much smaller scale! My wife and I own a couple of horses between us and breed a foal most years.
Does having an equestrian background help you in your legal work?
Yes, it is a big advantage. The equestrian world is unique. It is important for anyone advising on equine law matters to have a thorough understanding of how the equestrian industry works and the terminology used. This applies whether you are dealing with an equestrian dispute or drafting an equestrian contract.
If you are dealing with a dispute the client needs a solicitor who can quickly get to grips with the case. This is much easier for someone with an equestrian background and who specialises in equine law. Tactics are vital in litigation and there are many intricacies in the world of equine disputes.
When drafting equine commercial contracts, again it helps to really understand how equestrian businesses operate. This enables specialist equine solicitors to consider and address issues unique to the industry that other solicitors might not be aware of. I often give a simple example of how a lack of industry knowledge can hamper otherwise very competent solicitors when advising on matters of equine law. I remember working with a very competent colleague who got off the phone to an equestrian client and asked me what it meant when a horse was napping. At first he thought the horse might be having a snooze!
What are the most common things you deal with as an equine solicitor?
What I love about my job is how varied the work is. Everyday is different.
I deal with a lot of horse purchase disputes. Other equine litigation I deal with includes livery, sponsorship and ownership disputes. One of the more unusual equine disputes I dealt with related to the disputed parentage of a foal. These sort of horse breeding disputes are interesting and involve technical DNA issues.
I regularly draft a range of equine commercial agreements. These include horse purchase agreements, co-ownership agreements, sponsorship agreements, stallion nomination agreements and racehorse syndicates to name but a few.
I act for the full range of equestrians from Olympians to the leisure market.
Which side do you normally work for?
I act for both buyers and sellers in horse disputes. I don’t limit myself to one side only.
The same applies when drafting equine commercial contracts. I have acted for horse owners, riders, livery yards etc.
Do you prefer working for the buyer or seller in horse purchase disputes?
I don’t have a preference. Both sides need access to specialist equine legal advice and I do my utmost to get the best possible outcome for my client irrespective of which side they are on. It is important that all sides to an equine dispute can access legal advice.
What do you do if you think your client is in the wrong?
If a client mistakenly believes they have a strong defence or claim, then it is for me to explain the correct legal position. This can of course be difficult for a client to hear but it is important they trust their legal advisor who only has their best interests at heart.
There are always risks inherent in litigation and the potential financial exposure to the parties can be great. A client who really takes on board the advice given and works with their solicitor significantly increases their chances of a good outcome even if they are not completely in the right.
It is important to try to resolve equine disputes at an early stage, without involving the courts if possible. The earlier the parties attempt to resolve their dispute between them, the more likely an amicable result will be achieved. Once court proceedings are issued, the parties to the dispute are likely to have become even more polarised. Also, the legal fees that will have been incurred on both sides will make it even harder to settle the dispute. Those legal costs quickly add up on both sides. Then agreement has to be reached not only the subject of the dispute itself but also in relation to who is going to pay the aggregate of those costs. There has been an example in the press over the years of a £100,000 legal bill over a relatively low value horse dispute.
It is also important that the client is honest and does not put forward a position that is contradicted by the contemporaneous documents in the case. Doing so will only cause them to lose credibility in the eyes of the court. If you make a false statement to the court you could also be found in contempt. Any solicitor would have to cease acting for a client in circumstances where they were misleading the court.
Can you deal with the return of a horse without needing a lawyer?
The short answer is yes. However, unless the claim is on the small claims track (claims valued under £10,000), I would recommend instructing a specialist equine solicitor.
Whilst a purchaser can bring a claim themselves without instructing a solicitor, it is a complex and lengthy process. Your chances of success will be greatly increased by using a solicitor. They will also be able to explain the financial risks before you bring a claim. This includes the risks of being liable for your opponent’s legal costs if the claim is unsuccessful.
You may want to attempt to reject the horse yourself in the first instance. Only incurring the cost of instructing a solicitor if this proves unsuccessful. This is a perfectly valid approach. However, it is important not to say or agree anything at this stage that might prejudice your claim and make it more difficult for the solicitor you subsequently instruct. My advice would be that if you think you might instruct a solicitor at any point in the process, even on an ad hoc basis, then it is best to do this at the beginning. That way you have advice from the outset whether the matter is worth pursuing and you start the claim off on the correct footing.
The position is a bit different on the small claims track. Due to the low value of these claims in litigation terms, the court will encourage a litigant to deal with the matter themselves without a solicitor. This is done by making the starting position that a litigant can only recover fixed costs from their opponent even if successful on their claim. These fixed costs will be nominal compared to the actual legal costs incurred in instructing a solicitor all the way to a small claims hearing. The court rules are designed to be more relaxed to allow litigants to represent themselves on this track. In reality though my personal view is that they are still difficult for litigants in person to understand. If you are going to bring a claim yourself without a solicitor, then you need to be prepared for a time consuming and lengthy process. For a lot of clients I will act on an ad hoc basis, helping at various stages to help keep costs down.
I have produced some materials to help claimants understand whether they have a claim. These are the horse purchase disputes article and associated horse purchase dispute flow diagram.
These can be used by potential claimants whether to first attempt to return the horse before instructing a solicitor, or to assist them in bringing a claim on the small claims track themselves.
What is the one thing you would recommend to someone thinking of buying a horse?
Do your homework!
Ideally, every horse purchase would have a horse purchase contract drawn up. However, I appreciate that commercially this is not always possible. Even without a contract in place, doing your homework can give you some protection.
What I mean by this is thoroughly trying the horse before purchase. This might mean riding the horse on a few different occasions and in different settings. You should not be rushed into the purchaser for fear of missing out.
It is important to let the seller know the purpose you are buying the horse for and to be honest about your experience. You should do this in messages/emails so that it is in writing and their is no dispute about it later on.
You should also ask lots of questions and get assurances in writing. This will give you a written record of the representations made prior to purchase should you need to rely on them later if the horse has been misrepresented.
Doing your homework also includes getting a five stage pre-purchase veterinary examination done. Also, having x-rays taken in appropriate cases.
What about for someone selling a horse?
Honesty is the best policy.
It is important that sellers are honest about the characteristics of the horse. Also, whether it is really suitable for the purchaser based on their stated level of experience and how the seller assesses their riding ability during the trial.
If the seller honestly describes the horse in the advert and discloses any issues with the horse, then they limit the risk of a claim against them. As for purchasers, sellers should create a written record of any issues disclosed to the purchaser. This can be done in the advertisement, or messages/emails sent to the purchaser.
It is hard to limit it to just one thing, so I would just add that it is also important for the seller to insist on the purchaser having the horse vetted prior to purchaser. If a medical issue arises after purchase, this may (depending on the condition) help to show that it was not present prior to purchase.
Can someone still return a horse without a vetting?
Yes, if the horse has a medical condition that pre-existed purchase and makes it of unsatisfactory quality, not fit for purpose or in breach of a representation given.
The fact a vetting was not carried out prior to purchase does not prevent a purchaser from returning the horse. This is why a pre-purchase veterinary examination is advisable for both buyers and sellers. For buyers they can get the horse checked for any issues before purchase. For sellers they might have some protection (although a vetting is not a guarantee) from a claim if the condition was not present in the examination prior to purchase and it would reasonably be expected to be apparent.
The fact the horse was not vetted prior to purchase just means the seller cannot rely on it to show the horse did not have the condition at that time.
Should buyers get x-rays of the horse?
This is largely a commercial decision for the purchaser. It will depend on their risk appetite and the value of the horse.
I think it is always advisable to have x-rays taken of certain key joints. I appreciate there is a cost to it, but it might be a relatively small price to pay if it stops you purchasing a horse with an underlying issue. When making these decisions I think it is useful to compare the costs of the x-rays to how much the horse is going to cost you in keep alone over the years. That helps to put it into perspective.
I recommend being guided by your veterinary surgeon as to which x-rays to prioritise.
What do you find the most rewarding part of your job?
Achieving a good outcome for my equine law clients. Whether it is getting someone a refund on a mis-sold horse, or helping with their equestrian business.
What do you find the most frustrating part of your job?
Not being able to help people as much as I would like who are bringing or facing claims on the small claims track due to the fixed costs regime. They might be lower value claims but the track goes up to £10,000 and that is a significant sum of money for most people.
What should people look for when choosing an equine lawyer?
Genuine experience, both in the law and the equestrian industry.
If you can get a personal recommendation from someone else who has used the equine solicitor, then that should carry a lot of weight. The majority of my equine law instructions are from client recommendations.
If you require any equine legal advice, then please do not hesitate to contact me. I am happy to provide industry recommendations in support of my work where required.