Horse Trading!
by David Carter on 11 June 2010
Sometimes the most appropriate assets available for seizure when enforcing a judgment are animals. It could even be a champion race horse!
Animals and livestock may be seized by a High Court Enforcement Officer (HCEO) enforcing a judgment, but he must ensure they are properly fed and cared for. If the HCEO pays for this, instead of the judgment debtor owner, then the HCEO can add the cost to their enforcement charges, which are recovered from the judgment debtor.
When an HCEO has seized animals, they may not work them. So for example, a race horse may not be entered into any races before it has been sold to a new owner. The only exception to this are cows that need to be milked.
The main legislation that controls the sale of animals in markets is the Welfare of Horse at Market (and Other Places of Sale) Order 1990 and the Welfare of Animals at Market Order 1990. Animals may not be exposed for sale at a market if they are either unfit or likely to give birth while there.
If a foal is sold at a market, it must be kept together with its mother at all times and sold together. Pregnant animals may also be sold, as long as they are not likely to give birth at the market.
Most livestock must be registered and have ear tags. Cattle and horses, in particular, must have a valid passport. Temporary passports were abolished in 2007.
Horses are classified in three categories:
- Those used as pets for informal riding
- Those used for sporting events excluding racing
- Those used for racing
Horses used as pets are treated in the same way as “general” animals. However, the second two categories comprise horses that are registered – for example thoroughbreds are generally registered at Weatherbys – and have registration documents showing breeding and ownership. The HCEO will try to obtain these and other documents such as vet records to achieve the best price at sale.
In the case of a race horse, do first check that the judgment debtor has sole ownership of the race horse – due to the expense of buying and owning a race horse, they are often jointly owned by several people.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
