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Legal matters

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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?

OP posts:
MrFMercury · 05/11/2017 10:43

I have no advice either but I hope you get somewhere perusing this. It's just awful and even more disgusting that when you made them aware of the consequences of their actions they didn't care. Those poor animals :(

SuburbanRhonda · 05/11/2017 10:43

OP, that is so sad Flowers

ChardonnaysPrettySister · 05/11/2017 10:48

That's disgusting behaviour.

Report and get legal advice.

ChardonnaysPrettySister · 05/11/2017 10:51

So sad there are "human" beings out there who value their fun over the welfare and life or other living creatures.

Shadowboy · 05/11/2017 10:58

Police notified. Officer coming to visit tomorrow.
Photos taken. I’ll contact vet tomorrow regarding the report.

One of the horses was originally my own who I decided to breed from, the other I purchased. Stud fees and vets fees incurred for swabs, scans etc only total about £2k so it’s not the money so much as the distress I witnessed last night.

OP posts:
Justbookedasummmerholiday · 05/11/2017 11:01

I would shame them on fb, have they a business? Wouldn't do it any good with such publicity.....

weaselwords · 05/11/2017 11:04

No, we know it’s not about the money. You can’t put a price on watching a much loved mare loose a much wanted foal. That’s why I feel vengeful on your behalf!

ThoseFlapsInsideYourCheeks · 05/11/2017 11:37

That’s so horrible glad the police are coming though I hope you’re neighbours get told too! Very rude of them.

ItsNachoCheese · 05/11/2017 11:44

Flowers for you op i hope your neighbours realise what cunts they have been

BewareOfDragons · 05/11/2017 11:48

I'm glad you're reporting it.

I hope you also take legal advice. Put the fear of a criminal conviction and serious financial pain via a £20000 fine for breaking the law and causing injury.

You asked them to stop; they didn't.

Your poor horses. I'm so sorry.

worridmum · 05/11/2017 12:31

Yes report and if you can afford it pursue them for costs aka vet bill value of foals people like that only care when you hit them in the wallet (i know how insentive mentioning monetary value of the lost foals but it does and weight to civil proceedings and is an accepted loss i have cilents who forget that when perusing damages )

Sorry for being so crass but i want the bastards to pay and i am really sorry for your loss.

LoveVelo · 05/11/2017 15:18

So sorry for you and your mares. You mentioned they are still in a bad way so I do hope they are recovering. Due to their continued distress, it might be worth contacting the RSPCA to report, as well as to the police.(Despite being a charity, they still tend to prosecute the majority of cases under the Animal Welfare Act)
In addition to the other practical steps you are taking (vets report etc) it may be worth writing down everything that happened, in particular the conversation and requests you made of your neighbours to stop. Record as much actual dialogue as you can recall - it would need to be clear that your neighbour must know or have reason to have known that the conduct complained of would cause unnecessary suffering. From your post, it appears you asked them to stop and they yet they carried on despite you making them aware of the distress caused. This could be useful if you need to make a witness statement to help you recall what was actually said.
I really hope the police officer that attends tomorrow takes some positive steps for you and your mares.

PollytheDolly · 05/11/2017 15:34

Oh god that’s awful. I’m so sorry x

And yes, pursue it. Do they know what they’ve done??

Shadowboy · 05/11/2017 16:00

Thank you all so so much for the support. Both mares have settled somewhat. My own homebred is more distressed as this was her first pregnancy. But the other mare is now grazing. We haven’t spoken to the neighbours as I can’t face them.

I have been video-ing the mares today (more for the vet who will return tomorrow to check everything has passed) but will use the videos if needed.

OP posts:
reallybadidea · 05/11/2017 17:34

This is so awful, I'm so sorry and angry for you. I know it won't turn the clock back but I really hope that there is some legal redress. What utter bastards.

Fishfingersandwichnocheese · 05/11/2017 17:40

How disgusting.

I hope they are prosecuted. Your poor animals.

pret · 05/11/2017 17:55

I hope they get prosecuted.

LoveVelo · 05/11/2017 17:57

So pleased to hear they are settling, still an absolutely unnecessary occurrence caused by your neighbour.

Hopefully the police will be supportive, bear in mind the animal welfare act may be something they are not familiar and in the main, prosecutions are bought against negligent animal owners, but S4(1) of the Act may well apply:

S4 Unnecessary suffering

(1)A person commits an offence if—
(a)an act of his, or a failure of his to act, causes an animal to suffer,
(b)he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
(c)the animal is a protected animal, and
(d)the suffering is unnecessary.

(Your horses are protected BTY, S2 of the Act refers)

You could also consider something like an animal and equine specialist lawyers association (non lobbyist so will be impartial which is what you need should you feel you'd want a realistic assessment with regards to a private prosecution - but the members have experience and in many cases have equestrian backgrounds so will completely understand the distress caused)
www.animallawyers.co.uk/
link to members here:
www.animallawyers.co.uk/Members%20for%20website.pdf

The thoughtlessness of some people with regards to animal welfare is despairing (I'm thinking the likes of Chinese lanterns etc that cause so much distress and injury) but your neighbours callous response is beyond the pale.

Wishing your mares a good recovery and so sorry for the loss of the foals.

notapizzaeater · 05/11/2017 18:04

So sorry for the loss of your foals. Have you got legal insurance with your house policy 😅? They might be able to help.

Frouby · 05/11/2017 18:09

So sorry for the loss of your foals. So unnecessary and pointless.

Definetly pursue it. Are you a member of BHS? They have a legal helpline and they will pretty good at stuff like this. Or if your mares were insured speak to your insurer. NFU I think has a legal department. NFU might possibly be able to advise you anyway.

I hope the heartless bastards next door realise what they have done. Make sure they do. When you are feeling stronger I would be tempted to post photos of your dead foals with a letter explaining factually what happened.

ArcheryAnnie · 05/11/2017 18:33

I am so sorry - this is horrible.

I do agree with whoever suggested you write down now as much of the conversations you had with them, as soon as possible, otherwise you will forget exacly what was said.

AnaWinter · 05/11/2017 18:37

I am so sorry. What is wrong with some people? I would definitely sue them. Otherwise they will continue to do it.

MaisyPops · 05/11/2017 18:41

So sorry to hear about what happened.

What disgusting people to do that.

I hope you get justice and they get all the punnishment they deserve.

LaurieFairyCake · 05/11/2017 18:45

I suppose it’s the definition of ‘near’ that’s going to be the issue. 240 feet?

So sorry for your loss though. Flowers

I wonder what you’re supposed to do to prevent it - bring them into the stable ? Play music? What’s the solution if they do it again?

Eve · 05/11/2017 18:49

And we claim to be a nation of animal lovers, bet if you had the hunt in over your land they would be protesting about that, but no consideration or care when animal suffering might impede on their activity!

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