It is with an enormous sense of relief and not just a little pleasure that I can now tell you that on Thursday 30th April we finally won our battle in the small claims court against the man who put our mare Daisy in foal. This started nearly four years ago and it has been a hard and complicated fight. The man who had Daisy on loan for ten years, before deciding to break his contract with us and introduce her to a stallion, has tried hard to deny that it was intentional – in fact his defence actually stated that he had no idea when or how Daisy became pregnant! He has dragged his heels and prevaricated, even going so far as to change his solicitors from a Dumfries firm to Brodies of Glasgow. Four times I had to appear in court while his solicitors sent in excuses until finally I was advised by a Sheriff to “up” my case which I did by introducing some of the paperwork from the very beginning of our negotiations. A few days before being due in court, Brodies informed me they were no longer acting for Mr Burn and he had been advised to attend court himself. He failed to turn up and, after asking me just a few questions, the Sheriff found in our favour.
Although baby Treena has cost us money (remember her hernia operation the year after she was born), bringing this case was never about money. Mr Burn put our elderly maiden mare at serious risk by putting her in foal and that made me very angry. Daisy came here many years ago as part of what I called “ The Carlisle Five”, I liked her on sight and she has always held a special place in my heart. I feel now she has been vindicated for what she was put through and fortunately came through unscathed. Daisy and Treena both will spend the rest of their lives here, I cannot put Treena out on loan as it would break her mother’s heart to be separated from her!
I would like to thank everyone who has helped me throughout this long journey – Mona Parr for alerting me to the fact that Daisy was running with a stallion in the first place, Peter Braidwood of Braidwoods Solicitors who tried to negotiate before it became obvious we would have to take the case to court, Lister McKiddy of Walker and Sharpe Solicitors who did all our court paperwork and gave so much help and advice and of course our vets at The Dryfe Vets Ltd who supported throughout and attended court with me on the final day. Thank You.