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Thought Leader

ISSUE 75-16

Equine Law
Mark van Weeren, Specialist Lawyer at Blenheim Advocaten
Though a niche sector, Equine Law counsel is highly sought, and lawyers in this field are busy preparing equinerelated contracts, are involved in sales and transfers of horses, and daily engage in disputes and litigation
surrounding a number of matters from injuries, professional neglect, tax and immigration issues for horses.
This month Lawyer Monthly benefits form the insight of one of the industrys top lawyers in this field. Mark van
Weeren, specialist lawyer at Blenheim Advocaten, has specialist knowledge of the legal aspects of equine law
in the Netherlands results in sound and practical advice for those involved in a horse transaction. This expertise
as a Dutch equine lawyer offers legal assistance for sellers and purchasers of a horse in the Netherlands.
What legal issues commonly arise in the Equestrian

transaction, there may be uncertainty on questions

to try to resolve a dispute using mediation. I strongly

sector? How are these often solved?

surrounding the legal remedies such as the

support ADR methods and would like to see legal

applicable law or which courts have jurisdiction.

reform obliging parties to attempt ADR before

The legal issues in the equestrian sector are

contracting,

pre-purchase

advice,

pre-trial

discovery, liability and litigation. I represent clients

litigating.
Are there any legislative developments you would
like to see help with your work in Equine Law?

How does your thorough involvement in the

equestrian practice contribute to your leadership in

in litigation, help resolve equine disputes, draft

the legal practice of Equine Law?

customised equine contracts, represent clients

On the basis of some of the equine law cases that

in the horse industry and incorporate equine

I have handled, I have noticed that there is a real

businesses for all breeds and disciplines. We also

need, in practice, for stricter rules on the rescission

I take a proactive role as an equine lawyer,

assist clients with acquisitions of horses in the

of transactions when it is discovered that a horse

advising my clients on the risks in advance and

Netherlands, including vet exams and negotiating,

has a defect. It is futile to spend years litigating

encouraging them to enter into clear agreements

preparing and advising on the related contracts.

about a horse, given that you are talking about

when

When a horse appears to have a defect, we advise

a living animal that needs ongoing care and

transactions involving horses. I am also able to put

the client on the examination of the defect and on

attention.

my expertise to good use in contributing to the

the related documentation. If it comes to litigation,

we represent our clients before the Dutch courts.

considering

buying,

selling

or

other

development and training of the young lawyers at

How complex can disputes become regarding

my firm, Blenheim Advocaten, in particular in the

horses sold in full health, but which then display

firms contract law and litigation practice.

In cases of equestrian management or training

signs of ataxia or flared up injuries months after the

neglect, what solutions are legally viable for

sale?

owners?

Do you think the future of Equine Law practice in the

Netherlands and the EU is on the increase? What is

Litigation regarding horses with defects can be

your prediction for the remainder of 2016 and 2017?

Issues of equestrian management or training

complex, in particular if the contract does not fully

neglect are treated in the same way as in other

contemplate this eventuality. In such cases, the

The Netherlands are renowned for high quality

contracts.

or

judge will have to determine which of the parties

horse breeding and equestrian sports. This makes

mediation do not lead to a solution, the best

should bear the risk. The courts are frequently faced

it an attractive place for (foreign) buyers and

approach may be to terminate the contract and,

with contradictory expert opinions from vets which

leads to growth in transactions and to an increase

if there is a cause of action, to claim damages.

are tendered by the parties. In the Netherlands, the

in the number of equine law issues that arise.

court itself may appoint an expert.

We have also observed increased awareness

Where

negotiation,

conciliation

Is there particular EU-based Equine Law that hinders

the work you do in this sector?

amongst individuals of their rights as buyers. One

How often are ADR methods resorted to in disputes

of the things that has contributed to this is the

that arise from the mis-selling of horses?

EU Directive on Unfair Contract Terms which has

There is no EU-based equine law that hinders my

been implemented in Dutch national law. This has

work as an equine lawyer. Rather, it is often more

This is something that I have not experienced

also led to an increase in the number of disputes

of a difficulty that each Member State has its own

very frequently in my equine law practice. In the

involving horses. It is our expectation that this trend

legal system. In the event of a cross-border horse

Netherlands, the courts cannot oblige the parties

will continue over the coming years.

P.O. Box 10302, 1001EH Amsterdam, The Netherlands | T: 0031 20 5210100 | E: markvanweeren@blenheim.nl

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