Animals Act 1971, Section 5(2) - Not A Dangerously High Horse!

As reported in our previous newsletter, defendants are starting to have considerable success in defeating claims brought under the Animals Act 1971 by relying on one of the three statutory defences to strict liability under section 2 of the Act. The recent Court of Appeal decisions in Goldsmith v Patchcott and Turnbull v Warrener continue the trend of success for defendants relying on the statutory defence, whilst also providing some useful guidance as to the manner in which section 5(2) of the Act, and the often criticised section 2(2)(b) of the Act, should be interpreted.

In Goldsmith, the facts were relatively straightforward. The defendant was the keeper of a horse called Red. He was looking to dispose of Red, and hoped to find someone to whom he could give the horse away for no charge.