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Legal matters

Fireworks- how do we deal with breaking the law?

82 replies

Shadowboy · 05/11/2017 10:13

So- we have two aborted foals. Neighbours directly behind the farm set off fireworks without warning us. The neighbours property is approx 80 metres from the livestock barn. Sadly by the time we realised what was going on they were full pelt. We couldn’t use sedation as the gestation of the horse’s meant it would need to be a special sedative administered by the vet- by the time the vet arrived they were already labouring. Both foals (due March) have obviously died. The mares are in a bad way. The law states releasing fireworks near livestock is liable to a £20,000 fine. I’m trying to decide if it’s worth legally dealing with this? When asked last night the neighbours would not stop as they “had guests” and it was “our right to enjoy our garden” as they put it. I’m devastated. These were our first foals.

I think the neighbours did this purposefully because we had purchased the 6 acre paddock behind our/their house when it went up for sale in January. It went via auction and we outbid them so I’m wondering if a legal approach will make matters worse?

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Taylor22 · 16/11/2017 07:06

Thank you OP.
My heart broke for you and your poor horses.
I just can't imagine how difficult this is.
They can't rationalise it :( they can't understand what happened and it must be so difficult for you seeing them like that.
I really hope they make a full recovery.

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ArcheryAnnie · 15/11/2017 22:39

Thanks for the update, OP. I hope you get somewhere in the end, and that your mares continue to recover.

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Shadowboy · 15/11/2017 22:16

Hi Taylor22 - finally getting somewhere. They were checked over last Friday by the vet who is happy with them. Both seem to be pretty much normal. Vet sent a report to the police. Not heard anything about what is likely to happen. We’ve not spoken to neighbours since. Dirty looks have passed across the drive!

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Taylor22 · 15/11/2017 18:51

How are you and the horses Op?
Hope they're recovering well Sad

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FairfaxAikman · 08/11/2017 15:14

Two mares both spontaneously going into premature labour in the same night, a night where fireworks just happened to be going off very close by, is not a coincidence.

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Thiswayorthatway · 08/11/2017 12:39

Sorry to hear the sad news OP.

Playing devil's advocate, your neighbours will say that the foals may have been still born in any event. How can you prove that the fireworks were to blame?

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FireCracker2 · 08/11/2017 12:07

worridmum-
a cilent of my last company that took the offenders to court

so are you talking about a civil action?

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Farahilda · 08/11/2017 12:07

"the Husband stated that they had never had problems before (always been horses on the land) so they didn’t think it was a problem and that my horses must be overly sensitive"

Wouid that count as an admission of a pattern of committing this offence?

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FireCracker2 · 08/11/2017 12:01

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

worridmum · 08/11/2017 09:48

Dont let them get away with it or they have won and you cannot let bullies win, if you go to court it would be a near open and shut cases as they were in the wrong you have evidence of loss they would have no defence as even the law is on your side.

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worridmum · 08/11/2017 09:45

It was a cilent of my last company that took the offenders to court when i get home i will try to find a local paper link.

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FireCracker2 · 07/11/2017 22:03

Link please worridmum or I call bollocks as does dh who is a bovine vet

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Beerwench · 07/11/2017 13:21

I can understand why you would feel like you don't want to follow through with this.
Who's horses were in the field prior to yours? Or were they yours in the past?
I'd be worried though that new years eve is going to be another occasion where they will want to 'enjoy' their garden and after this traumatic experience at the weekend, your mares are going to be even more stressed with fireworks. Can you, and do you want to, move them? The impression I'm getting from you about your neighbours is that you won't get far if you go and speak to them and ask if they could refrain from future fireworks due the there being horses on the land behind, after what's happened this weekend. Also understand that you might not want to. I'd urge you to get some legal advice, possibly from an equestrian specialist solicitor if you can and see where you stand.
How have the police left it? Are they not taking further action because of what the neighbour said?

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Eve · 07/11/2017 13:13

small claims court for the expenses incurred and lost.

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Nothingrhymeswithfamily · 07/11/2017 12:32

Did the police tell them the horses had lost their foals?

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ArcheryAnnie · 07/11/2017 12:32

Shadowboy I don't know where you go from there, either, but I hope it's somewhere. Don't give up your dream!

I'm a bit (more than a bit) sceptical at the "they didn't think it was a problem" line as you told them in advance that it was a problem, and it did indeed prove to be a massive problem, they just didn't give a shit. (And I also wonder if there's been previous complaints about them, if there's always horses there.)

Have you tried getting the RSPCA involved at all? Because they might take some of the work on. I have no idea if they will, just might be worth asking.

so they didn’t think it was a problem and that my horses must be overly sensitive. I’m not really sure where we go from here.

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Shadowboy · 07/11/2017 12:08

Thanks all for the support!! Police came yesterday and I gave the details and showed the photos: videos on my phone. Apparently they spoke to the neighbours about the event but the Husband stated that they had never had problems before (always been horses on the land) so they didn’t think it was a problem and that my horses must be overly sensitive. I’m not really sure where we go from here.

The vet returned yesterday and both mares are physically fine. One is completely normal, the maiden is still subdued but starting to eat properly again.

I’m not sure I have the strength to fight this legally. It’s really ruined having horses at home for me. It was a dream that we worked so hard for and now I feel like it’s all bittersweet- we have to use the track past the neighbours to get to the stable block every day and I loath the thought of seeing that man. (They have been very hidden away since Saturday’s events)

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ChardonnaysPrettySister · 07/11/2017 10:45

Did you mean to use this specific name here, FireCracker?

Bad taste, if so.

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worridmum · 07/11/2017 10:41

Firecracker yes they are please dont talk rot on the legal section people have been charged for having a firework display (private) next to a farm with a cowshed 90 meters away totally in the own land but didnt inform farmer and caused 80+ cows to miscarriage and let me tell you the people who had the display had to pay the value of what the cavles would of been if they had lived plus the vet bills and loss of earnings think in the region of 100k (i cannot remeber exact numbers) they had to remorgeage there house to pay...

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FireCracker2 · 07/11/2017 09:43

Sorry for your horses, but the law is designed to punish those who think it's funny to scare livestock witless by throwing fireworks in the middle of them.
Neighbours 80m away on their own land are not going to come under this.

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Lordasriel · 07/11/2017 08:48

We’ve had fireworks every night for over a week now from all our close neighbours. Our stables are very near to an estate and every day we pick up rocket sticks paddocks. Nobody has ever knocked to tell us they are planning on fireworks.

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Fluffypinkpyjamas · 06/11/2017 23:57

No advice as such great advice already given but wanted to say I’m so sorry. Flowers I hope they are punished as much as legally possible and made to feel as wretched as they clearly are.

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MidniteScribbler · 06/11/2017 23:53

It wouldn't have occurred to either of us that we were breaking the law as the display was totally in our space.

Surely you can't be this self absorbed as to not realise that fireworks are bloody loud and are going to effect your neighbours?

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endofthelinefinally · 06/11/2017 19:52

Fireworks still going full pelt here.
We have had them every single night since Diwali. No sign of it stopping any time soon. Sigh.

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HelenaDove · 06/11/2017 17:59

OP im so so sorry to hear about your horses and the foals. Sad

Those poor animals.

How bloody selfish of your neighbours.

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