Father loses legal battle over pony disqualified for being an inch too tall

A BUSINESSMAN whose daughter was disqualified from show jumping events because her pony was too big has sued the farmer who sold it to him.

Richard Mawson, a hotel owner, launched a legal action against Anne Morris over claims that the show jumping pony, sold for £9000, was an inch bigger than advertised.

Mr Mawson, of Gosforth, Cumbria, bought the 15-year-old gelding called Shy Strikes Again for his nine-year-old daughter in 2016, with its height given as 128cm.

His daughter competed in a number of events with the pony in the 128 class but when British Showjumping Association officials asked for another measurement it was discovered the animal’s height was 130.7cm.

Mr Mawson, 41, sued Mrs Morris, of Lauder, Berwickshire, Scotland, for breach of contract and claimed she had misrepresented the Connemara pony’s correct height. His claim for damages at Selkirk Sheriff Court was successful but Mrs Morris challenged that decision at the Sheriff Appeal Court, which has now ruled in her favour.

She argued that the pony’s height had changed since it was measured at 128cm prior to being sold.

Mrs Morris said: “I am just glad the judges saw sense. We both had official height certificates ... and they were both correct. Ponies change height and size throughout the year depending on how fit they are, their muscle size and what kind of ground they are on.”

Mr Mawson argued that the pony, that died last year from natural causes, would not have grown after being sold because of its age. He said he was considering taking the case to Scotland’s highest court, the Court of Session. “When we went to get the horse measured again everybody told us it was far too big. I was new to the sport and I accepted the height it was advertised for when I bought it,” he added.

Following a hearing in Edinburgh, Sheriff Principal Mhairi Stephen QC ruled that the pony’s height could have changed after it was sold and overturned the original decision.