"Before going to court, get the evidence on such matters, otherwise you may lose."

Says Tony Barnett

There is an article in horseytalk this week that is becoming the norm where ancient bridle ways are being impeded to the cost of serious injury to horses, this one concerns the placing of bollards to narrow the access point, or some other hair brained scheme.

Court action has been started to gain compensation for a serious injury to a horse, which needed 10 stitches and other veternary involvement, but the claimant has no evidence as to who stationed the bollards, or who authorised or caused them to be installed, only word of mouth allegedly came from a firm that claims to own the land where the bridleway and have stationed the bollards, no one is going to make such a statement knowingly the matters are going before a court for compensation.

So no evidence (writen) has been obtained, the council have stated that they know nothing about the bollards, the firm claims consent was given by the council, so all will appear before the court, and as the persons responsible for the bollards have not made a signed statement, who is going to foot the bill, £80 up in smoke for the application and may be more because without evidence, the court costs for the summonses for the accused/defendants to appear will/can benefit them, court costs can usually be £6-7,000 and he will have lost his claim, and until he pays the costs, he will not be able to pursue/appeal in the county court until the amount has been paid and, the court will not refer the matters to the high court where all matters involving the council are entitled to end up, local courts support the council.

I am not legally trained, but then again, in my experience, defence solicitors don't have to be either, the authorities don't have to be, this chap will not get his rights under Articl 6 human rights, the court will support the council, the solicitors will display "court niceties" to the judge, his litigation will not be referred to, he will not be able to examine the defendants and your solicitor will circumvent with his examination (courtroom fraud is endemic).

However, on the side of the claimant is historical/ancient laws and rights, which the courts should acknowledge and give judgement, the Bridle way is of ancient route and may pre-date 1189, as the bridle way is registered as bridle way 43, it is on the definitive plan and statement and therefore it is for the council to order the removal of the impediments and order the reinstatement of the bridleway, then the claimant is able to go to court with the support of the council and will/should be compensated, providing of course there is evidence in writing that the firm was hired to carryout the works, or did the works on its own initiative, but what ever, the bollards are unlawful and may be removed without any criminal act, as article 7 human rights act provides "there is no punishment without law" and there is no law to support such works.

Before going to court, get the evidence on such matters, otherwise you may lose.