Comhairle nan Eilean Siar has lost its legal battle over the ownership of a horse evicted from a residential house.
Three words missing from a vital document meant the council’s case was thrown out of court on Wednesday afternoon
But the Comhairle still adamantly refuses to hand the animal back.
The council took Stephanie Ann Noble’s adult Connemara pony into care, claiming its
living conditions for the previous two years in the front room of the ex-
Ms Noble is still the legal owner but since last February, the council has racked up a huge bill in looking after it at stables in Benbecula.
The local authority went to court seeking ownership of the horse, called Grey Lady Too, which would abolish all Ms Noble’s rights to the animal.
But Ms Noble’s name was missing from vital legal documents. It meant the council failed to specify who it was taking the legal action against.
Sheriff David Hall threw out the council’s case and ordered them to pay Ms Noble’s legal fees.
However, the council is digging its hooves in and refuses to return the horse, saying it will consider either appealing the sheriff’s decision or starting the legal action all over again.
Stephanie Ann Noble clutched a copy of Horse and Hound magazine as she observed the legal debate at Stornoway Sheriff Court over the three missing words growing more technical on Wednesday.
Advocate Stewart Buchanan -
Mr Stewart stressed the omission of Ms Noble’s details from the court paperwork was a “radical defect.”
He highlighted: “Without a defender there just hasn’t ever been a (legal) application before the court.”
Naming the person the case is against is “fundamental to the litigation,” he added.
He said: “Ms Noble is prejudice by the first document that started all this off. It is simply not a (court) document recognised by the court.”
In court, Western Isles Council accepted the “unfortunate” omission, acknowledging it would have been “absolutely better” if Ms Noble’s name had been including
But the error was “not fatal“ and should not stop the case progressing, said the council..
The council’s agent suggested it was simply a “technicality and urged the sheriff to correct the mistake there and then, saying he had discretion to do so.
The court heard the horse case was costing great expense to the public purse.
She said Ms Noble had not only answered the citation but had been legally represented during the last year.
Sheriff David Hall concluded “in favour of the defender (Ms Noble)” and dismissed the council’s action.
Ms Noble beamed with joy as the sheriff delivered his decision.
She declined to comment “at this stage.”
The horse being taken away in a council raid in 2014
Council loses horse custody case but refuses to hand animal back to owner
20 May 2015