With the final verdict of the Haarlem court house the lawsuit about the horse “Starfighter” has finally come to an end. The court ruled completely in favour of Morris. Marijnissen has been sentenced to reimburse the purchase price of 120,000 euro including a legal interest rate as well as all trial fees. This results in an amount of 170,000 euro. Marijnissen also needs to reimburse the boarding fees of the horse since its arrival in England till the date it was picked up.
This final verdict preceeds a three-year trial. On 27 June 2008 Morris purchased Starfighter from Marijnissen for his daughter. Shortly after the horse’s arrival in the U.K. begin July 2008, the horse showed lameness issues to his left hind leg. A veterinary exam revealed that the horse suffered from an undisclosed tendon injury. The Haarlem court ordered Morris to present proof that the horse had sustained this injury before its arrival in the U.K.
Morris succeeded in providing adequate proof. The Haarlem courthouse took into consideration that the veterinarian, who had made ultrasounds and had treated the horse shortly after it arrived in England, testified at the trial that the injury was not recent but had been there for a while. Several veterinarians testified that the horse showed the same lameness issues by presenting images made before the acquisition. For these reasons the sale has been dissolved and Marijnissen is forced to compensate the purchase price as well as compensate for damages.
After careful consideration, in the family and its legal representative Anky van Grunsven has decided the main proceedings, initiated against the Flemish Internet journalist Astrid Appels, to immediately cease. An estimation error of Anky’s side on the strategy of the party achieves the decision.
By the counterparty large-scale publicity campaign in addition to very positive discussions also brought negative. Anky is not justified in the interest of sport, but also because of the privacy of her family, the procedure is longer continue.
Especially political questions, which are fed by the negative publicity campaign by the counterparty, Anky going too far. These questions have nothing to do with the case against Appel. Astrid Appels has been legally represented by Stephan Wensing.
Article by Carolien Tesselhof-Bruggink for Paardenkrant – Translation Eurodressage
Four times, Eugene Reesink of Reesink Horses had to appear in front of court for four lawsuits.
At each session, Reesink won, but the American celebrity, who earns 276 million dollar a year, continues to sue him. It all started with the sale of a Grand Prix horse to the company Old Dogwood LLC.
On 19th February 2007, Old Dogwood and Reesink reached an agreement for purchase of a dark bay Grand Prix horse, which Old Dogwood acquired for 260,000 euro. On 21st February, the sales price was paid and according to the agreement and as well as legally the horse was considered sold. On 23rd February 2007 the horse was shipped to the United States where it came at the disposal of Old Dogwood on 1st March 2007. Reesink’s lawyer, Stephan Wensing, can not disclose the identity of Old Dogwood; only that it concerns an American celebrity who earns 276 million dollar a year. Reesink had to sign a letter that he would not publicize the identity of the buyer. After some investigation, it can be discovered that Kate Capshaw is registered as owner of Old Dogwood LLC. The link between Capshaw and the American movie director Steven Spielberg is retrieved after some research on the internet. They are husband and wife. Wensing explained that the horse has been vet-checked three times before shipment to the States. “Even on the day of shipping, the horse was veterinary checked,” Wensing said.
“Reesink found out that the horse was not being taken care of. Old Dogwood deliberately ignored the recommendations of their own veterinarians,” Wensing added. On 2nd January 2008 Reesink had the horse confiscated. A legal guardian was appointed for the horse, who stabled it at equine clinic De Watermolen. “The horse was shoed wrongly which prevented it to recover from its injury.” Old Dogwood sued again, with the intension the annul the legal guardianship and to fine Reesink 442,000 euro. Old Dogwood also claims that the legal guardian is incompetent because he is not independent because the horse has been stabled at one of Reesink’s in-house veterinarians. Reesink has won for the fourth time and Old Dogwood has lost. Stephan Wensing said that Old Dogwood is not happy with that and has filed their next lawsuit against their client.
Weda en Wensing Law Firm
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Phone: 0031 - 524 - 76 90 21
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In a fierce legal battle between the buyer and seller about the ownership of the medal winning international FEI pony Power and Paint, staggering information has come to light at a witness hearing in court on 21st September 2009.
The legal battle concerns the annulment of the purchase of Power and Paint based on old injuries which were hidden from his Dutch buyer. In October 2007 the buyer purchased Power and Paint for 160,000 euro following a pre-purchase exam at the equine clinic in Kerken. When trained and competed in preparation of competitions, Power and Paint turned out to be chronically lame on the right front leg.
Several veterinarians have testified that Power and Paint was treated on numerous occasions on that right fore leg especially for a tendon injury as well as a fracture in the sesamoid bone. X-rays taken in June 2008 show scar tissue which point at the fact that the injury was old.
Furthermore, a veterinarian admitted in court that Power and Paint had a swollen cannon bone at the right front leg at the 2007 European Pony Championships in Freudenberg, Germany, and that he treated the pony at the show. This treatment was done regularly during the competition with an ointment containing the banned substance acetylsalicylic acid (aspirine). Because the acetylsalicylic acid in this ointment is no longer detectable 6 hours after application, Power and Paint did not test postive to doping at the 2007 European Championships. According to the regulations the president of the ground jury had to accord this treatment by signing the list of medication used at the show. This list was signed after the competition.
The Lawyer's Web Week is a weekly commentary on legal activity on the web. This includes an overview of the best of the week's blogs. If you want to direct us to useful links, email webweek@thelawyer. com. If you like horses, law and websites, you're most probably a senior barrister in a regional chambers. Lawyer Stephan Wensing has just won a case for a client against a US-owned stables, which a news release on the website claims is owned by Steven Spielberg's wife Kate Capshaw. It was a close-run dispute, with Stephan winning by a nose.