Mother may have to sell home after £250,000 court fight over her girl’s ‘lunatic’ pony
A MOTHER who lost a four-year court battle over a £18,000 ‘lunatic’ pony she bought for her daughter stands to forfeit their family home too, after being saddled with legal bills that could top £250,000.
Lisa Walton bought ‘top quality’ mount Pirums Figaro from Shan Allman in 2011, for Elise, 13, to enter in competitions.
But the deal turned sour within weeks, with Mrs Walton describing thoroughbred Figaro, whose grandfather was Triple Crown champion Nijinsky, as ‘ a raving lunatic’ and ‘positively dangerous’.
The keen horsewoman demanded her money back, saying the pony was ‘grumpy...seriously naughty’ and with ‘severe behavioural problems’. She said Figaro was ‘not suitable’ for her daugh- ter and claimed she had told Mrs Allman before buying it that Elise was a ‘nervous rider’.
Mrs Allman, 55, of Colwinston, Glamorgan, refused to take back the animal or give a refund and Mrs Walton, 47, later lost a long legal battle with her.
Following lengthy arguments over costs, Mrs Walton must now pay her opponent’s legal bills of £140,000 plus her own, an estimated total of £250,000 or more.
Her home at Oak Tree Farm, Tickhill near Doncaster, South Yorkshire is effectively mortgaged to Mrs Allman, after a High Court judge approved a charging order being attached to it – and the winning mother can seek an order for it to be sold.
Mrs Walton had fought to save the house from being burdened with the growing debt but Mr Justice Snowden rejected her argument that it is in the name of her husband Thomas.
The judge said Mrs Allman had ‘already incurred very substantial costs’ but ‘ Mr and Mrs Walton had not made any effort’ to pay them. The court was told that Figaro is still competing successfully on the showjumping circuit.
The catastrophic dispute had begun when Mrs Allman advertised Figaro for sale on equestrian website HorseQuest for £20,000.
The pony was described as a ‘top quality’ animal and a ‘ safe hack, alone or in company – good to box, shoe and clip’.
The advert caught Mrs Walton’s eye and the women agreed to meet at the Wales and West Showground. Mrs Walton paid £18,000 in cash for Figaro after Elise took it for a test ride.
Three weeks later Mrs Walton complained about its behaviour, ‘formally rejected’ the pony in an email, demanded her money back and sued Mrs Allman, accusing her of breach of contract and misleading her about Figaro’s true character. She claimed Mrs Allman assured her the mount was suitable for her daughter and ‘ had no behavioural problems’.
Mrs Walton told Judge Andrew Grubb at Cardiff County Court in 2012: ‘The pony behaved itself at the show, but was a raving lunatic following purchase.
‘He would run at you with his mouth open and his head down to attack. If confronted, he would try to box out at you with his front legs, as well as turning round and kicking at you.
‘The pony was positively dangerous.’ A friend of hers said Figaro had ‘gone from being fine to being seriously naughty’.
Mrs Allman said she had ‘warned Mrs Walton and her daughter on the day of purchase that Figaro was grumpy, territorial in his box and had a tendency to try to bite.’ She had honestly described Figaro’s character and the pony had never displayed any ‘vicious behaviour’ whilst her own young daughter, Bethan, was looking after it.
The pony was a ‘very talented horse...a pleasure to own’ and ‘any worsening of his behaviour occurred after his purchase whilst in the ownership of Mrs Walton,’ she said.
Judge Grubb dismissed Mrs Walton’s claim and ordered her to pay Mrs Allman’s legal bills. Although it ‘ had a tendency to bite...Figaro was not a dangerous pony’. He said: ‘Figaro was suitable for a teenager such as Mrs Walton’s daughter.’
Mrs Walton refused to comment last night.
‘Grumpy and tended to bite’