Says Naomi Smith
It is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more
TROT and the question of insurance
Says Tony Barnett
Local agents are basically there to advise those that wish to access lawful routes, may I ask what specific training on rights of way do the agent have?
Mainly my queries are about common lands ancient/definitive, bridle and foot paths, which are legal to use?
I ask this because Trot, supported by BHS claim it is right for Trot to lease out to horse riders these ancient rights of way.
Forrest, that occupy common land, gives the commission right to the product only TREES, the rest of the common land is for registered commoners product, neither may "Agist", it is against the law, just as un lawful, is to give false representation or abuse office, loss and gain.
The loss is of lawful rights to access bridle ways, this is because horse riders not willing to pay to access common land rights of way, but are not sure how to approach government officers, lose out, but the likes of Trot and the forestry gain, unlawfully gain from permit receipts.
Common land forestry, is requisitioned by the secretary of state, which he/she then vests rights upon the forestry commission, but gives no other rights/jurisdiction, just as common land is also requisitioned for military purposes, the area is enclosed with all rights suspended, they to have no other jurisdiction a commoner only has rights, on Alice Holt Common, the grazing and some with Eastovers, they too may not "Agist".
The 2000 crow act prohibits any interference on public's rights of way, either by signage or by any other means.
This then comes down to demands for permits on Alice Holt common land, with the claim that if you don't have a Yellow band on your hat, you will not be insured, unlike traffic wardens who's yellow banned prevents anyone parking on their heads, Trot's yellow band has no safe guards.
Insurance as is shown on Trot's web page has it's own insurance, check with your insurers will show you have none on Alice Holt, the commission workers employed by the government, but no one else does, yet horse riders that take your assurances of your claims of safety, that may meet with any accident, can claim from Trot for misleading advice, so horse riders will not, be responsible as you may think, the Trot person-s that gave assurances, erected signage or erected any other impediment will be held liable, so will the solicitor engaged to advise (G&K LADENBAU LTD- V- CRAWLEY & de REYA 1978)
The doctrine of Uberrimae ( utmost good faith)-is present in the insurance law of all common law systems.
An insurance contract is a contract of utmost good faith, the most important expression of that principal, under the doctrine as it has been interpreted in England, is that the prospective insured must accurately disclose to the insurer everything that he knows and that is or would be material to the reasonable insurer, something is material if it would influence a prudent insurer in determining whether to write a risk, and if so upon what terms.
If the insurer is not told everything material about the risk, or if a material misrepresentation is made, the insurer may void, or rescind the policy ie treat the policy as having been void from inception.
If Trot is based on a commercial contracts generally, a warranty is a contractual term, breach of which gives rights to damages alone; whereas a condition is a subjectivity of the contract, such that if the condition is not satisfied the contract will not bind, by contrast, a warranty of a fact or state of affairs in an insurance contract, once breached, discharges the insurer from liability under contract from the moment of breach; while breach of a mere condition gives rise to a claim in damages alone.
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more