Horse custody costs mount up

The Comhairle has mounted up an estimated £9,000 bill in a controversial custody fight over a pony - about five times the value of the animal.

23 May 2015

Adding in the cost of having the council’s in-house lawyers is likely to take the figure well over £10,000.

The local authority was so concerned over Stephanie Ann Noble having her adult Connemara pony living inside her house at Broadbay View, Back in Lewis for two years.

They took the animal, called Grey Lady Too, into care, claiming conditions in the front room of the ex-council house were too cramped.

But the council’s attempt to gain legal ownership was thrown out of court this week.

Vet bills, stabling and fooder have cost £4,000 so far confirmed the council.

But it faces another estimated £5,000 after sheriff David Hall ordered them to pay Ms Noble’s legal fees.

Selling the horse - which Ms Noble purchased for £1900 - would only recoup about a fifth of the massive bill which continues to soar.

Forking out for their opponent to hire a local lawyer plus flying in an expensive advocate may prove to be a costly exercise for the cash-strapped council.

Forgetting to include Ms Noble’s name on important legal paperwork saw Western Isles Council’s case thrown out of court on Wednesday as it failed to specify who it was taking the legal action against.

But the council adamantly refuses to give her the pony back.

If it appeals the court judgment there is a chance of not having to pay Ms Monle’s solicitors’ costs.

A spokesman said the council had not yet decided if it will appeal or simply restart the court process from scratch.

The council spokesman said: “Grey Lady Too was removed for welfare reasons and will remain in the care of the council.

“The council continues to act in the interests of the welfare of Grey Lady Too.”

The council acted after a vet certified that the horse’s welfare is of concern and the restricted space with the low height front room and narrow doorways meant the residential house was not a suitable place to keep it.

Ms Noble failed to comply with an official care notice to improve the welfare situation in October 2013.

The Scottish code of practice issued under the Animal Health and Welfare (Scotland) Act 2006 gives stable sizes, door widths, and head clearance required to avoid a horse getting stressed - or trapped in a fire.