Animals Act 1971—personal injury, degree of particularity and fundamental dishonesty (Boyd v Hughes)
PI & Clinical Negligence analysis: The claimant failed to satisfy either limb of section 2(2)(a) of the Animals Act 1971 (AA 1971). The court held that the degree of ‘particularity’ to be applied in determining the likelihood of injury and likelihood of severe injury must not be so high as to mandate a conclusion or too general to render the assessment artificial. For the purposes of AA 1971, s2(2)(b) the court found that where the horse simply saw or heard something or thought it saw or heard something in its environment and shied, the claimant could not prove the horse was reacting to a perceived threat, and therefore there was no ‘characteristic’ behaviour. Alternatively, if there was, then the characteristic behaviour was not referable to a particular time or circumstance, and the claim would still fail under AA 1971, s 2(2)(b). The court held that the claimant had dishonestly embellished the extent of her injuries, but due to her disclosing certain facts (prior to the defendant’s disclosure of surveillance material) and given such dishonesty going only to the value of PSLA, that dishonesty was not fundamental, by a narrow margin. Written by Georgina Crawford, barrister at Ropewalk Chambers.