THE ELEPHANT IN THE ROOM: IF IT’S YOURS, ARE YOU LIABLE? An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers You may or may not own an elephant and we assume if you’re reading, or watching this, that you do not! However if you are a practitioner, you may end up someday with a client who does own one, or indeed a whole herd of them. If your client’s precious Dumbo or Jumbo runs amok one day, causing damage and injury, your client we fear is liable for such, even though the dear creature in question is normally as placid as a pussycat. All this is confirmed and certainly explained in detail by the well known legal scholar, Sir Peter North, in this fascinating legal text recently published by the Oxford University Press. Note that this is the only book available which addresses itself to the harm done by animals (as opposed to the harm done to animals) – and covers both dangerous (the elephant) and non-dangerous (the pussycat) species -- either of which, given the circumstances, can cause harm. The book would therefore be of particular interest to those dealing not only with wild animal cases, but also those cases involving household pets and farm animals. For example, there is a chapter which deals with the special provisions relating to dogs and another on straying livestock. A former Principal of Jesus College and Vice Chancellor, of Oxford University, Sir Peter North refers in his preface to his earlier book on this subject, ‘The Modern Law of Animals’ published 1971 at the time the Animals Act 1971 was passed. The Act itself as amended is included as an appendix. In the intervening forty years, the Act has generated any number of interesting decisions in the courts which, as is pointed out, ‘are now accessible, though not to be found in regular series of Law Reports’. Of particular interest is the matter of liability for animals of a non-dangerous species. This is a clear, analytical and indeed rather compelling work, frequently enlivened by fascinating cases. For your further research, it’s copiously footnoted and there are extensive tables of cases and of legislation and of secondary legislation. If you’re a practitioner involved with any issues pertaining to liability for animals, (or perhaps you’re likely to), this book is to be highly recommended as a must-have purchase for your professional library. The law is stated as at June 2011.

Phillip Taylor - 10/04/2012 Report this Review

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