Strict liability for loose horses

Howard Palmer QC and John Snell, of 2 Temple Gardens, considered the decision in Mirvahedy v Henley (21/LL p34) in an article in the All England Legal Opinion for January/February and concluded that the Court of Appeal’s decision has confirmed the surprising result that the owner of a horse is strictly liable for damage caused by its escape from a properly fenced field, when it panics in fright for any reason. He will also be liable if the horse, whilst under proper control on a highway, is frightened by a passing juggernaut, or someone firing a gun, and bolts into the path of a passing vehicle.