Geldards secures landmark freezing injunction in equine dispute

Geldards has secured a £174,000 freezing injunction in a high-value equine law dispute. Geldards’ Equine Law team advises clients ranging from individuals to national and international sporting professionals, including Olympian riders, large equestrian companies and international charities on a range of equine related disputes.

Geldards represented  an aspiring dressage rider who entered into an agreement to lease a horse at the rate of £30,000 per annum under the assurance that it was fit to be a Young Rider Horse and for Grand Prix-level competition and free from medical issues. The Horse was later discovered to suffer from a severe hindlimb condition which severely affected its mobility and performance. As a result, the horse required extensive veterinary care before sadly the Horse had to be put down on welfare grounds.

This meant that the owner was in breach of the lease agreement and under its terms was required to take the horse back and refund the first year’s loan fee of £30,000. The owner refused and sought the next year’s loan fee of a further £30,000. Social media posts suggested that the owner was planning to move to the Caribbean and their primary UK residence was now for sale, so a freezing injunction was sought.

Geldards’ Equine Law team instructed Oliver Nunn, a barrister with 3PB specialising in equine disputes, to obtain the freezing injunction.

HHJ Coe KC, Designated Civil Judge for Nottinghamshire and Derbyshire, heard the application and considered submissions from Oliver, based on Les Ambassadeurs Ltd v Yu [2021] EWCA Civ 1310, that the correct test was whether there was ‘real risk’ of unjustified dissipation of assets. HHJ Coe KC also noted that it was right to submit that the purpose is to ensure a judgment is not rendered valueless by an unjustifiable disposal of assets.

The  court granted a freezing injunction, preventing the  owner from dissipating their assets below a value of £174,000, covering an estimated £75,000 damages claim and a £99,000 approved costs budget. The order restricted them from spending more than £2,000 per month. Legal costs from the Freezing Injunction application were also awarded in the rider’s favour.

The client commented on Geldards’ Equine Law team:

“We cannot speak highly enough of the quality of the legal advice, level of professionalism and commitment exhibited by Rebecca Stojak and the Geldards’ team, not only with respect to the Freezing Injunction application, but also throughout the case. Rebecca has consistently gone above and beyond in terms of her level of application and expertise, and with her attention to detail having made a significant difference to the case. Rebecca’s equine experience tied with her legal expertise is second to none.

We are very grateful to Rebecca for her unwavering support and dedication and would not hesitate to recommend her legal services, particularly on complex matters.”

Rebecca Stojak, Head of the Equine Law Team at Geldards said:

“We are delighted to have obtained this landmark ruling in favour of our client and are grateful to Oliver Nunn of 3PB for his hard work and support to achieve this successful outcome. Equine disputes can be complex, especially when concerning horse ownership or lease agreements and its important to seek the right legal advice as soon as possible. After months of hard work, we are very pleased to have secured a good result for our client.”