Shortly before a lengthy Trial in Birmingham County Court Louise Briscoe and Calum Whitworth have agreed to settle the litigation between them. Briscoe purchased the talented dressage horse Ramazotti III from Whitworth, professional rider and dealer in May 2014 for £100,000.
Her intention was to compete the horse at Advanced and possibly Small Tour level. Whitworth had owned and trained the now 12-year old Hanoverian bred Ramazotti III (by Rubin Royal x Wanderbusch II) for over four years prior to the sale.
Whitworth said “The court case got quite bitter which I am sorry about and I am pleased that we have been able to settle things amicably.”
Briscoe’s case was that she is a cautious amateur and that Whitworth agreed that the horse would suit her and her aspirations well. However Whitworth failed to disclose that the horse had temperamental issues resulting in well practised resistant and evasive behaviour. Also that pre-sale information about the veterinary history was contradicted by a vet’s notes subsequently seen. Whitworth denied knowing about the issues revealed.
Each party employed prominent experts in the field who were at odds as to whether the horse was suitable with two renowned professionals supporting Briscoe saying that the horse should never have been sold as suitable for an amateur.
Briscoe said, “I feel I was let down and obviously I am not the first person to have been sold something that they did not bargain for whether innocently or otherwise. My experience is that sellers can sometimes over-sell a horse, or omit information that is relevant to the buyer. When complaints are raised the characters in the business close ranks. It is very often the way in which a complaint is dealt with that will influence whether a buyer is willing to litigate but thankfully in this case I received a good deal of support."
Whitworth responded by saying “I was enthusiastic and hopeful that the partnership would work. I did not anticipate that Rambo may be unsuitable for Louise and I am sorry about this.”
The parties have declined to make any further comment.
Photo © Kevin Sparrow
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