Hope You had a great Week and have solved all of your problems in Life.
We are still in drought mode here but thankfully, in the last 2 Days, we have got 18mm which will see us through until next Weekend when the next Rain is due to arrive. We life in hope. Meanwhile, wonderful Sunny Days and weather to do stuff.
is being hobble trained and commencing Her Natural Horsemanship training and this has given Her mind a break from longing for Her Mummy 🙁 Poor little Girl.
has been teaching a bit lately, around the Local area here and with visiting Horses and Ladies, from afar.
She has let Her EA Membership lapse until they get their act together and will ride unofficial meanwhile. The Organization may yet go Bankrupt and we don’t want to risk our Money. Times are tough and risks must be diminished.
Due to the over heated Property Market, in Melbourne and Sydney, which became a source of great concern to the reserve Bank, the Home Lending Banks and organizations have been pressured into changing their policy on Interest Only Loans, refusing the renew them or re-examining the Borrower and demanding that they shift to Interest plus principal, which has been forcing many People outside of the approval regime because immediately, re-payments jump, often to a point that does not fit the lending criteria. The loan renewal then gets refused. Check it out and be careful. Don’t get caught short.
hi there ridden in saddle once what a fantastic looking and riding saddle regardless of cost I will definitely be recommending this saddle to fiends and competitors I am 60 years young and have done weekend courses in saddle fitment and massage I think this is one of the best designed and fitting saddles I have ever owned thanks steve
JESS DEMZUK – https://www.facebook.com/jessica.demczuk
As some of You may know, Jess has been based at Gainsborough for a few Years now and runs Her Coaching Business from there.
You would also remember my assessment of the Horse that buried Barry from https://academyofdressage.com.au/
and smashed through his Mirrors in the Indoor.
Well here he is this Week, after r-emouthing and doing much other Ground work. He had Zero Lateral Mouth and a 4 front brakes and had endured 6 Weeks of the English Side Reins and other gear. No Riding.
As I keep saying, the heavily influenced “English Discipline” types, should stick to Coaching and training quiet Horses and stay away from Problem, Green or Starting Horses. The systems don’t suit and simply pee Horses off.
It is worth noting that the fateful Day saw the first ride, with the HORSE COLLECTED, reefing and a pre-occupation of LACK OF BEND, both which are entirely irrelevant to the Starter and indeed most counter productive, aimed only at upsetting them!!!!!!!!!!!
a view obviously not held by the Coach……. “is an expert at assessing the individual needs of horses and riders “
Could you give me your thoughts this geldings conformation? Not ideal pics.
I’m on the look out for a gelding and am considering this one – pics of when he was a foal, then when in show condition and how he is now, not regularly in work (not ideal but I can work around that)
He is 9 yrs, Riding Pony x t/bred 15.2h –
Apparently no issues on the ground, very forward and bold, qualified Melb Royal hacking 2 years ago –
I am wanting a good trail horse, comfortable canter, ability to smoothly go from a standstill or walk into slow canter,
I will call you late am tomorrow (Tuesday) if I can’t see an email, cheers
Well, I have to say that it is a wonderful place to be at this stage of my Life, to basically be psychic when it comes to these sorts of things. We are normally ‘on the money’
Don’t buy this Horse. I would predict that it is unsound, for a number of reasons. The Horse is also showing a LACK OF CARE, meaning the Owners have sacked Him. I wonder why? Terrible neglected Tail, being trodden out. Manure not healthy ( always tells a story) and the Horse is NOT IN A HAPPY PLACE in life
I could go on and on but very busy. He has major compensation Muscle De-generation and other stuff. Besides, if You want the Arm Chair Canter, this Breed would be the last to buy.
Please also not the psychology of the Sellers with their words ” very forward and bold” You don;t want VERY FORWARD but for your interest, every Seller, subconsciously drops a GET OUT CLAUSE when they are worried about a Horse. VERY FORWARD is this one. He is Bum High as well, but they all are in that Breed.
As I said, I could delve far deeper but that will do for now. My advice is to walk away.
Thanking you, I will walk away, cheers
Hi John, I don’t know if you can help me, but someone suggested I speak to you. My daughter saved for 3 years to buy her dream horse for eventing, so she did her homework. She found a beautiful warmblood mare. She went and rode it a few times, didn’t step a foot wrong. She asked lots of questions and was told the only thing was that when she took her to a comp she would take a couple of horses , so she would give her Regumate, but she said as we would only take her we wouldn’t need to use it. We had never heard of this before. The seller is a top eventer. We brought the horse home and she was very unsettled I contacted hwr and she told me to take her out of the stable and put her in thw paddock. She said she liked to be on her own but liked to see other horses. My daughter has ridden her 3 times at home. Since she’s been in the paddock she’s developed separatin anxiety, we couldn’t get near her. I contacted the sellwr again she told us to put her with other horses which we did and now shes out of control. In every message the seller keeps twlling us to put her back on regumate. We never had her on regumate. Spoke to our vet he recommended she shouldn’t be on it all the time and I told her that. She gave me the name of her vet and said he’d give her an injection that would last 6 months. I’ve contacted her vet to see if I could find out any back groung info and was told he would never do or recommend what shes saying. I’ve asked her to take the horse back and refund my daughter her money but she won’t. That’s it in a nutshell , would appreciate any advice. Thanks in advance. Kind regards
QUIZ OF THE WEEK
You are looking to buy. You come across this Video. What two observations do You make, that stops you buying and makes You suspect the Seller?
None of my Clients, would buy this Horse….would they?
THE MATTER OF COSTS
The Court of Appeal has overturned a decision at first instance in which a claimant accused of dishonesty was punished by way having to pay not only the usual costs for late acceptance of a Part 36 offer, but also the costs preceding the Part 36 offer. In Tuson v Murphy  EWCA Civ 1461, the Court of Appeal found that the judge’s exercise of discretion had been flawed and the usual Part 36 cost consequences were bound to be applied, despite the claimant’s material non-disclosure.
Tuson centred on a personal injury claim in connection with a horse riding accident suffered by the claimant at the defendant’s riding school. The defendant accepted liability, but disputed the quantum of the claim. The defendant made a Part 36 offer which was accepted by the claimant, albeit some 54 days after the expiry of the offer’s “relevant period”.
In such circumstances, the rules regarding Part 36 cost consequences require the defendant to pay the claimant’s costs up to the expiry of the “relevant period” (in this case, 8 October 2015) and the claimant to pay the defendant’s costs from the expiry of the “relevant period” to the date of acceptance (in this case, 1 December 2015). That is unless the court considers such orders to be unjust.
His Honour Judge Charles Harris QC (the “judge”) found that the claimant had misled the defendant during the earlier stages of the claim by failing to disclose the fact that she had worked for a certain period following the accident. The judge was asked to determine if the claimant’s alleged dishonest conduct rendered the usual cost consequences “unjust”, and should therefore be disapplied.
At first instance, the judge found that applying the usual Part 36 rules would be unjust because the claimant would not have been sanctioned in any way for presenting her case on a misleading basis. He therefore ruled that the defendant pay the claimant’s costs up to the date on which the claimant commenced to mislead the defendant (1 April 2014), and that the claimant pay the defendant’s costs from that point forward (1 April 2014 to 1 December 2015).
The Court of Appeal’s Ruling
Although the Court of Appeal ruled that the judge was entitled to find the claimant’s conduct as dishonest and misleading, it overturned the judge’s decision to sanction her on costs.
The Court of Appeal’s decision largely hinged on the fact that, by the time that the defendant made the Part 36 offer, the defendant was aware of the true state of affairs and had nonetheless chosen to make the Part 36 offer. The court found that the situation might be different if the defendant’s assessment of the value of the claim at the time of making the Part 36 offer had been undermined by subsequent events and/or the discovery of additional or unknown facts. However, in this instance, there was no justification for finding that the application of the usual Part 36 rules was unjust and so should be disapplied. As such, the defendant was required to pay the claimant’s costs up to the expiry of the relevant period (8 October 2015), and the claimant was ordered to pay the defendant’s costs from 8 October 2015 to 1 December 2015.
The decision does not create any new law, but serves to emphasise the rigidity of the rules governing Part 36 offers and the cost consequences that follow, as well as the relative limitation on judges’ discretion on costs if Part 36 offers apply. Part 36 offers are an extremely useful tool in litigation but this case serves to emphasise that parties should proceed with caution when making (or accepting) Part 36 offers as the rules governing them are very strictly adhered to, even in cases of dishonesty.
This article is made available by Latham & Watkins for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Your receipt of this communication alone creates no attorney client relationship between you and Latham & Watkins. Any content of this article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.
THE SUBJECT OF RISK
this week’s travel law article, we examine the case of Dullmaier v. Xanterra Parks & resorts, Nos. 16-8017, 16-8049 (10th Cir. (2018)
wherein the Court noted that “A Wyoming statute provides that ‘[a]ny person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity’…It also states that ‘providers’ of such opportunities have no duty to ‘to eliminate, alter or control the inherent risks within’ certain sport or recreational opportunities”. In 2012, Karl-Heinz Dullmaier was killed during a guided horseback ride in a wilderness area of Yellowstone National Park. His wife, Therese Dullmaier, brought a wrongful-death action against the company that provided the ride. The district court granted summary judgment to the company, and Ms. Dullmaier appeals. The main question before us is whether Mr. Dullmaier’s fatal injuries stemmed from risks that are inherent in the particular sport or recreational activity in which he elected to participate-that is, a guided horseback trail ride in a wilderness area. We conclude that his injuries did stem from such risks…We affirm”.
PHOTO OF THE DAY
TIP OF THE DAY
” The ‘Green Horse doesn’t want to know about a ‘frame’, ‘straightness’, ‘suppleness’ or any of the rest of all things Dressage. It just want’s to enter the ridden World, relaxed, happy and building Trust with the Gorilla on top of it”
ARTICLE OF THE WEEK
WHY DO HORSES HEAD CHUCK?
COMPLIMENTARY VIDEO OF THE WEEK
NEWS OF THE DAY
CLASS ACTION THREATENED ON SOUTH AUSTRALIAN EA
Class action looms as Equestrian SA confirms members’ personal information was released to third party
Exclusive – Craig Cook, The Advertiser
Equestrian SA rocked by mass resignations, allegations of bullying
A MAJOR SA sporting organisation faces a legal backlash over the unauthorised sharing of members’ personal data in a case which has the potential to affect more than 700,000 people across Australia.
The Advertiser can reveal members of Equestrian South Australia are planning a class action after the organisation passed on private details to a Melbourne-based digital company that issues membership cards for more than 5000 Australian sporting groups.
Chairman Joe Hooper confirmed, in a letter to members on Monday, that ESA had distributed names, email addresses and membership numbers to the company SportsPass.
Details of the group’s 1000-strong membership base, many of whom are children, were passed on without members’ consent.
The privacy breach appears to contravene the ESA’s constitution, which states only that an extract of the membership register, excluding the contact details of an individual, shall be available for inspection, but not copying, by members upon reasonable request.
The ESA has now cancelled its contract with SportsPass and says it is in the process of “securing the return of all member information”.
But members have told The Advertiser they are angered by the breach and are collecting names to launch a class action. They have sought advice from prominent Adelaide lawyer Greg Griffin, who said the release of information to a third party was “entirely inappropriate”.
“An officer of the company should not be looking to pass on the personal information of members, including junior members, without referral to the board,” he said.
“And any competent board would have rejected the suggestion immediately.”
Sally Harding, an equestrian rider with two children involved in the sport, said it had been difficult not knowing what information about her family had been passed on, where it now resided and who could access it.
“Nobody can guarantee the security of personal information once it is passed on to a third party,” she said.
“It is very disturbing that something as innocent as joining a sporting club is suddenly something you have to think about in terms of identity fraud risk or data mining. There are seriously no checks and balances going on here and it needs to be investigated urgently.”
Data collected by ESA includes name, postal and email addresses, telephone numbers, date of birth, gender, driver’s licence, car registration, bank account and credit card details, insurance details, horse registration details, employment history, work qualifications and sensitive information around general health, medical conditions and ethnic/racial origin.
SportsPass co-founder Chris Coleman told The Advertise r sporting groups across Australia provided his company with names, email addresses and membership numbers before people had the option to “opt in” and share their personal data. He said SportsPass did not sell any personal information and the value of the data it collected was “minimal”.
SportsPass stored the information online at “highly secure” Amazon data centres in the US.
On its website, SportsPass advises its members of the dangers of the internet saying, “the internet is not a secure environment” and that information provided to them is “sent at your own risk”.
Mr Hooper told The Advertiser an ongoing review into how the breach occurred would run alongside an investigation into bullying and abuse allegations of members, including children, by staff, which were revealed by The Advertiser last week.
The ESA board notified the Office of the Information Commissioner about the privacy breach. Child protection advocate Maggie Dawkins said the data breach had serious implications for the protection of children.
The mother of internationally ranked two-star rider Alice Dawkins, and the wife of former federal Labor treasurer John Dawkins, said she was aware of ESA members looking to join the legal bid. She said the ESA board and management was yet to fully comprehend the serious nature of the issues.
“I have offered my assistance and support to Mr Hooper as this is an opportunity for the sport to embrace change, right wrongs and adopt 21st century practices,” she said.
ESA executive officer Sharon Cimarosti will return to work next Monday after four weeks of annual leave.
What is Sportspass?
■ Digital company that issues membership cards of sporting clubs and organisation, and offers benefits/rewards to members.
■Owned by UK businessman Chris Coleman and Sydney born Businessman Greg Screen.
■ Has more than 700,000 Australian members and is signed with more than 5000 clubs and organisations, 1000 retailers and offers over 3000 activities.
■Ambassadors include former Crows captain and current AFL Melbourne coach, Simon Goodwin, and Olympic Silver medallist Nicole Livingstone.
■SA organisations with SportsPass include Adelaide Bite, Adelaide Thunderbirds, SA Aquatic Centre, Disability Sport and Recreation, Lifesaving, Athletics, Swimming, Netball, Gymnastics, and 10 other sports.
The horse who sustained a fatal injury in the Al Shira’aa Derby at Hickstead yesterday (25 June) was jumping in what was due to be his last class before he retired.
Navalo De Poheton, ridden by the USA’s Andrew Kocher, suffered a broken leg on the flat after fence four and had to be put down as a result.
In a post on social media the previous day, Andrew had told supporters the 17-year-old gelding was to bow out after the Derby.
“If you’re a Navalo fan be sure to watch the Hickstead Derby tomorrow at 2:45 London time,” he said.
“This will be the eighteen thousand-dollar ($18,000) champion’s last round of his career. If you’re a dreamer you won’t want to miss it.
“The horse that took a normal guy from the middle of nowhere, Pennsylvania, to the World Cup finals and all over the world. Wish him luck!
“We have a special idea for his retirement, but we won’t let that information out yet.”
INJURY ON TRAIL RIDE
A 37-year-old Indiana woman suffered an injury in a horseback riding accident ten miles north of West Yellowstone on June 26. The woman, whose name was not released, was thrown from the back of a horse at Lower Whits Lake.
According to a press release from the Gallatin County Sheriff’s Office, when officials arrived the woman appeared to be in extreme pain. She was suffering from neck, back, shoulder, and head pain. She was taken by an Air Idaho helicopter to Bozeman Health Deaconess Hospital.
Rescuers from Gallatin County Search and Rescue, Montana Fish, Wildlife & Parks, and Hebgen Basin Rule Fire District responders, as well as the Air Idaho Rescue helicopter that took her to the hospital. The helicopter was unable to land at the immediate scene, so the victim was moved on a wheeled litter to the helicopter.
The distributor of a horsebox in which a promising event horse died after his leg went through the floor has come to an out-of-court settlement with the lorry’s owner.
Alexanders Horseboxes’ insurers agreed a payout with Carole Mutch, whose horse Gorsehill Echo (pictured, below) had to be put down immediately after the floor failed in Carole’s £65,000 box.
Carole, who said the incident, in March 2015, had “stopped her life”, is now prepared to campaign for checks of floors to be part of horseboxes’ MoT tests, and for independent checks of new-build boxes on old chassis to be mandatory.
“The accident was horrific enough but the two years of the court case were almost as bad,” Carole told H&H.
“I saw something no horse owner should ever have to see. No other horsebox should be built like that, and no one else’s lives be ruined like this.”
Carole and Alexanders disagree over whether it was stated that the floor of the new-build lorry she ordered, which was built on a 53-plate chassis and delivered to her in September 2012, would be aluminium, but Carole said: “When you pay £65,000, you don’t expect the floor to be made of 18mm phenolic board, which it was.
“No one checked the floor – you wouldn’t in a new-build horsebox you’ve paid that much for and we thought it was aluminium – and I just never thought anyone would use 18mm wood for horses.
“It might be legal to use 18mm board as floor but it shouldn’t be, and whether that floor was cleaned or not, Echo should not have died.
“My horse trusted me with his life, and I thought I was doing the right thing for him, spending that money on a horsebox, I was so excited about getting it.
“This is about other horses, and I want other people to know. I want to campaign for floors to be checked yearly at their MoTs, and for new-builds on older chassis to be checked independently. If this accident had happened on a motorway, it could have been so much worse.”
Claire Wales, of AW Engineering which built the box, said in her statement to court that she was “distressed” to hear of Echo’s death and that on entering the lorry, she was “hit by the overwhelming stench of urine and excrement”.
She said the company had used 18mm phenolic board for horsebox floors since 1998, and that the standard for the model of lorry ordered in this case was such flooring.
“The vast majority of horsebox floors are constructed of 18mm phenolic board, [it] is the industry standard material,” she said, adding that cross-bearers sat underneath the floor and “were positioned 24 inches apart, which again is industry standard”. She said after the lorry was handed over to Alexanders, she heard nothing more for some two and a half years.
On inspection of the box after the accident, she added: “My reaction was that this level of corrosion could only have occurred through long-term neglect and a failure to properly maintain and clean the horsebox.”
She said the rubber mats on top had “completely disintegrated”, expressing surprise that this damage had been sustained in such a short time and adding that she thought this was also due to a lack of cleaning and maintenance.
“[We] simply could not understand how someone could allow the horsebox in which their horse travelled to get into such a dilapidated, unsanitary and obviously dangerous state,” she said. “Over the 25 years I have been involved in building horseboxes, I have never known anything like this happen.
“The manufacturing processes used were industry standard and the same as we have always used and still use.”
A report written by consulting automotive engineers Northern Assessors, which inspected the lorry after the accident, stated that: “The floor is constructed of 18mm wise deck (ply wood) which is totally unsuitable to support the weight of a large horse”, adding that the section of damaged flooring “did not exhibit signs of moisture contamination”.
It added that in its engineers’ experience, “the format between the floor support cross-bearers for the stall area should be around 16 inches apart to enable adequate strength for transporting the intended livestock.
“With the aid of a rule the engineer measured the distances between the cross-bearers, in particular the area of collapsed floor, where the horse fell through, which was 23 inches between centres of the cross-bearers. The measurements to the rear of the stall area ranged from 15.5 inches to 29 inches between centres.”
Ian Oliver, of Scottish Fire and Rescue, confirmed in his statement that his crew had washed the interior of the lorry after the accident, with some 400 gallons of water, to remove the blood.
LAW ENFORCEMENT RULES SEVERED TONGUE – AN ACCIDENT
Law enforcement authorities in Thurston County, Washington, have ruled that a horse’s tongue was not deliberately severed, as previously suspected.
Earlier this month, the animal’s owner reported finding the mare in her pasture with her tongue severed. Due to the injury, the horse was euthanized.
The animal’s tongue was later found elsewhere on the property, but no knife or other tool that could have been used to remove the tongue was located. Subsequent necropsy results initially ruled that the horse’s tongue was severed intentionally in an attack. However, in a June 26 written statement, the Thurston County Sheriff’s Office ruled that the mare was not maliciously assaulted.
“This was a first for all of the vets and for the Sheriff’s Office,” the statement read. “After considerable deliberation and several expert opinions, this injury is determined to be an accident.”
NSW GOVT REVIEW OF 8 HORSES PUT DOWN
A NSW Government review has been ordered into the decision to euthanase eight horses after a truck crash near Dubbo amid allegations that some of the animals had not suffered serious injuries.
The vehicle overturned at Brocklehurst on the morning of May 26 while transporting 17 horses to a competition in Tamworth.
Racing identity Ken Smith, 64, from Young, was killed in the crash and the driver, his son Trent Smith, has now been charged with five offences including dangerous driving occasioning death.
WARNING: The following image is of a graphic nature and may cause distress.
Eight of the horses were euthanased at the scene by a NSW Government Local Land Services (LLS) officer, one died in the accident, and the remaining eight have been treated by Dubbo equine veterinarian Ross Pedrana.
Dr Pedrana said he was deeply concerned by the treatment of the injured horses, alleging no equine specialists were contacted to assess or aid the sports horses.
“I’m distressed, a lot of us are distressed, at what went on and just the complete lack of communication. I just can not understand it,” Dr Pedrana said.
“It’s extremely distressing to know that there were horses that may have been able to be saved.
“Secondly, that these horses weren’t rendered veterinary care and pain relief immediately from their exit from the truck.”
Dr Pedrana said he was only made aware of the incident when he received a call from a witness almost three hours after the incident occurred.
“The horses were severely distressed. We had some horses urinating red from the extent of the muscle injury that they’d sustained. That takes quite a while to occur,” he said.
“No horse had had any pain relief, no one had administered anything of any nature because there was no one there who had any medication or drugs.”
In a statement, the LLS said that one of its vets was at the scene to assess the horses’ injuries with an RSPCA officer present to oversee the treatment.
LLS said it followed the required NSW Department of Primary Industries Animal Welfare Policies and Procedures at the scene.
“Local Land Services veterinarians and RSPCA staff were on site as per the Prevention of Cruelty to Animals Act,” the statement said.
“Local Land Services staff follow NSW DPI Animal Welfare Policies and Procedures when responding to truck roll over emergencies and have completed industry based training in the humane destruction of livestock.
“Local Land Services is working closely with the Equine Veterinary Association in reviewing the incident.”
The review is being undertaken by the LLS, alongside the groups Equine Veterinarians Australia and the Australian Veterinary Association.
Eight horses euthanased
Eight horses had been euthanased by an LLS officer before Dr Pedrana arrived, and he said he was concerned that some of the horses could have been saved.
An autopsy was performed on two of the euthanased horses by Ken Jacobs, with the results finding it was likely neither suffered life-threatening injuries.
The remaining six horses were buried at Whylandra Waste Disposal, near Dubbo, on the orders of the local council.
Dr Pedrana claims they could not be part of the autopsy because they were not exhumed in time.
“As for the rest of them, we can’t comment because we weren’t granted access to those animals within a reasonable period of time by Dubbo Regional Council,” Dr Pedrana said.
In a statement, the Dubbo Regional Council has denied the claims, saying they were first notified of the request on a Wednesday afternoon and authority was approved that afternoon.
“Council was notified by a local vet on the Wednesday morning that he wished to examine the remains,” the statement read.
“Access was denied as there was no documentation to prove he was acting on behalf of the owners and he had not provided an appropriate plan to recover these remains, given the numerous risks which existed particularly in relation to workplace safety and biosecurity issues at the Whylandra landfill.
“He was provided authority late on Wednesday, and on Thursday was provided with the terms and conditions of Council to remove the animals from the site, taking into account the appropriate risk management issues.”
Dr Pedrana said he hopes there will be a change in policy to ensure it is mandatory to contact equine vet during accidents involving horses.
“What we’d like to see is out of this become some sort of policy or procedure or protocol that’s followed so that people have a go-to list of equine veterinarians in their area that are willing to assist in these sorts of accidents,” he said.
Dr Pedrana said it was currently only an unofficial practice for himself or another equine vet to be called when incidents occur involving horses.
“I’m not sure why [it’s not official]. I think there must be a chain of command that police call Local Land Services, [NSW] Ambulance and all these other agencies, and try to keep it within Government,” Dr Pedrana said.
“Unfortunately Local Land Services veterinarians, by-and-large most of them, aren’t qualified, trained or have the equipment to manage horse injuries.”
The two groups working with the Government on the review, Equine Veterinarians Australia and Australian Veterinary Association, are providing expertise on areas including equine rescue techniques, commonly used equine triage protocols, and outcomes after significant equine injuries.
“Following this recent tragedy, the Australian Veterinary Association’s equine group, Equine Veterinarians Australia, wrote to the three departmental chiefs responsible for the agencies that respond to animal transport accidents; Local Land Services, Biosecurity NSW and NSW Police,” the groups said in a joint statement.
The director of Newmarket Elite Horseboxes has been described by a judge as a “crook” with “no moral fibre” after he and his wife defrauded buyers out of tens of thousands of pounds.
Daniel Trevelyan, 36, and 41-year-old Newmarket Elite Horseboxes salesman Sarah Trevelyan, both of Moat Lane, Audley, both pleaded guilty to fraud by false representation, on 13 June, and were sentenced at Liverpool Crown Court on 19 June.
Daniel also pleaded guilty to being concerned with the formation, management and running of a company as an undischarged bankrupt.
Sarah was, on paper, the director of the company, but the court was told the business was used as a front to allow Daniel to carry on trading despite the fact he was bankrupt.
He had been made bankrupt while trading as HSD Horseboxes.
The fraudsters claimed the horseboxes they sold had a specific weight capacity, but the load they could carry was well below that advertised.
Both the victims involved in this case ordered horseboxes having responded to advertisements and dealt with Daniel, who was described as the “manager” of the company.
The first spent £28,950 on a Renault Master stated as being specifically modified to carry three ponies. The victim was told the lorry’s payload was 1,200kg, although it was only 650kg and was supplied with two stalls rather than the three specified.
The second spent £39,600 on a Renault Master, promised to be brand-new and with a 1,180kg payload. The vehicle that arrived was second-hand, with a 490kg payload.
Both victims were told the vehicles had been inspected and approved by the Driver and Vehicle Standards Agency, which was a lie.
The court heard, in the victims’ statements, that they had felt “a cocktail of emotions and anxiety, periods of sleeplessness and loss of appetite”, and that one had “turned to drink to combat the stress that had taken over my life”; stress that forced the victim to give up work.
His Honour Judge Clement Goldstone QC, the recorder of Liverpool, told Daniel: “You are, or were and time remains to be told whether you continue to be, what might be termed in old fashion parlance, a crook.
“Your early refusal to cooperate in bankruptcy proceedings, your inability to accept what you did was wrong or criminal until you pleaded guilty and even then you have little remorse, indicates you are a man without moral fibre and you have no place in the running of a business.
“You didn’t think twice about flouting your statutory obligation or putting your wife up as a front for running the business. You didn’t think anything of the stress caused by your behaviour and your bullying tactics, but I shouldn’t be surprised because you have a record as a fraudster.”
TRACY GRIMSHOW HUMILIATED AFTER FALL
Tracy Grimshaw, 58, has revealed she felt humiliated after suffering a horrific horse-riding accident that left her hospital-bound in 2015.
Speaking to TV Week, the famously private TV star admitted: ‘I was horrified everyone found out about it but there was nothing I could do about it.’
‘I was being carted off to hospital.’
During the accident, Tracy was thrown from a horse and knocked unconscious during a riding session on a Sydney property.
She was flown to Westmead Hospital with suspected head injuries- prompting an outpouring of support from fans.
After returning to host A Current Affair weeks later, Tracy took the opportunity to warn her viewers about the importance of wearing a helmet while riding.
I got off comparatively lightly, mostly due to wearing a helmet,’ she admitted at the end of the show, adding: ‘I have no doubt I would have been dead without it.’
The admission comes after Tracy received a nomination in the Gold Logie Award category for Most Popular Personality on Australian television.
During her tenure as ACA host, Tracy’s sit-down interviews with a roster of high-profile guests have caught the attention of audiences for their depth and her solid line of questioning.