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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience:  I have been practising for 30 years.
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My wife and I have horses at a livery yard for approximately

Resolved Question:

My wife and I have horses at a livery yard for approximately 8 years. 18 months ago my wife had an accident while riding in the school and badly broke her ankle resulting in a metal plate being fitted. 2 weeks ago she went back into hospital to have the plate removed, so has not been at the livery yard much all this time as I've been looking after the horse. Yesterday out of the blue we were told by the owners we had to leave, I asked why and was told it was because my wife had upset to many people on the yard, I asked who and pointed out she's not been able to be there much, but they wouldn't discuss this. Today I have just been to the yard and been refused entry saying I had cut electrical cables and the owner said she had seen me bending down near where it had been cut. I told them I was picking some keys and money up and did you actually see me cut anything. They just said it was in hand's of police and solicitor and refused entry so I couldn't attend to the horse. Not sure what to do as I've never cut anything?
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

The owner is obviously entitled to give you reasonable notice to leave without reason but must give you access to attend the horse during that notice.

What exactly do you want to know about this?

Customer: replied 5 months ago.
The owner has refused to let me on the yard saying I've cut a lot of electrical cables and I've been reported to the police and they are taking legal advice but have been told not to let me on the yard. They have no evidence I've done anything just that they saw me bending down near to where a cable is damaged.
Expert:  F E Smith replied 5 months ago.

Based upon this evidence, (or rather, lack of it) the police cannot prove beyond all reasonable doubt that you cut the cable. Indeed, if you didn’t cut the cable, it will be impossible for them to prove.

If the owner will not let you have access to the horse to remove it, you can refer the matter to the police and although they will probably say it’s a civil matter, they may have a quiet word simply to keep the peace.

If the yard owner will still not let you have the horse back then there is no option but to apply to court for an injunction to make the owner give you access to remove the horse. It might be worthwhile getting a solicitor to write threatening the application to court for an injunction and legal costs.

Can I clarify anything else for you?

Customer: replied 5 months ago.
At the moment we don't have anywhere to move the horse and as my wife is on crutches isn't able to look after the horse or indeed move and carry all the equipment associated with this as I was doing everything but now I'm not allowed on, how do we stand with this?
Expert:  F E Smith replied 5 months ago.

if you have a contract with the livery yard, then you are entitled to the notice in the contract. I am assuming that all the costs are paid up to date.

If you don’t have a contract with the livery yard, then the notice must be reasonable and that would probably be 1 month.

Because there is animal welfare at stake here, if they will simply not give you access to tend to the animal and to remove it, you have no option but to make an emergency application to court on Monday for an injunction to make them give you access. You need to get a letter to them telling them exactly that and that if you have to do that, you will be making an application to court not only for the injunction but also for the legal costs involved with it.

You will have to accept you are going to have to make alternative arrangements probably within the next month

Customer: replied 5 months ago.
Thanks we do accept we have to make arrangements, again my worry is we live in a small rural area and they have already told other people on the yard I've cut these cables we are worried that word spreads quickly and we may have difficulty finding anywhere.
Expert:  F E Smith replied 5 months ago.

When you get a moment please rate the service positive. It doesn’t cost you anything but helped me greatly as I then get paid.

We can still exchange emails.

Best wishes.

FES

Customer: replied 5 months ago.
Please can you advise what if anything we can do about them spreading the word that I've cut these cables so making it impossible to find an alternative livery due to the area we live in?
Expert:  F E Smith replied 5 months ago.

If they have told other people that you’ve cut the cables, which obviously you haven’t done waste upon what you have told me, then you can threaten a defamation claim if they do not apologise and withdraw the allegations

F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience: I have been practising for 30 years.
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Customer: replied 5 months ago.
Thanks for all your help with this matter,
Roy

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