Bill will Banish Unfair Compensation Claims – Says CLA

 CLA Led Campaign Could Change the Law

MPs are being urged to back the second reading of a Private Member's which could slash insurance costs for owners of certain animals and protect them from unfair compensation claims.

The CLA, the rural economy experts, have led the campaign to change the law which leaves owners of animals such as horses and cattle potentially facing huge compensation claims, even when it is accepted that an accident involving one of their animals was not their fault. 

Now, a Private Members Bill originally drafted by CLA lawyers has won Government support as it comes before Parliament for its second reading and could become law by the summer. The Bill, which comes before Parliament on Friday March 14, has been brought forward by the Conservative Member of Parliament for Preseli Pembrokeshire, Stephen Crabb, and comes at the end of two years of campaigning and lobbying by the CLA.

CLA President, Henry Aubrey-Fletcher said that the need for a change in the law became evident after a House of Lords legal judgment widened the scope of the 1971 Animals Act to include animals such as horses and cattle. The judgement meant that strict liability could be applied to all animal owners and that people could be held liable for accidents involving normal farm or domestic animals  acting in a way which was characteristic of the species - even when all reasonable steps to prevent an accident had been taken.

The judgment meant that some equine businesses faced being  put out of business through vast increases in insurance costs.

Stephen Crabb agreed to take up the fight after a CLA member in his constituency highlighted the problem and the Bill has won widespread support among MPs.

The CLA President said:"Stephen Crabb must be congratulated for seeing that the Bill, if it becomes law, could mean the difference between economic survival and bankruptcy for many equine businesses. It doesn't seek to free animal owners from blame or a duty of care, but it would free people from the unfair burden of strict liability. Every MP has horse riders in their constituency, as well as a range of businesses that depend upon the equine industry, and we hope that MPs will throw their weight behind this very important Bill and ensure it becomes law."

Notes for Editors:

 The interpretation of the Animals Act (1971) given by a majority (3:2) of the House of Lords in Mirvahedy v Henley in 2003, means that keepers of animals, such as horses and cows, can be liable for accidents involving their animals even when they have taken all reasonable steps to prevent the accident; there is liability without fault. The CLA argue that such a strict, non-fault based liability regime should be restricted to animals that are fundamentally dangerous and which should be kept away from people, rather than being applied to normal animals behaving in a normal way. If the Bill becomes law, riding schools, farmers and pet owners will be subject to the usual common law negligence and health and safety laws, meaning that if an owner or business has taken all reasonable safeguards they are unlikely to be blamed for an accident. This would encourage owners to take out third party insurance but would remove liability for genuine accidents. Owners of dangerous animals would continue to be liable.

For further information, or to arrange an interview with Henry Aubrey-Fletcher, please contact the CLA Press Office on 0207 2350511 or call Paul Millard, Acring Head of Communications, on 07831 674345

ENDS