Here, we tell you about how an insured farm estate was met with an investigation when a third party made allegations of Breach of the Peace, therefore requiring the estate’s Rural Protect policy to step in to help resolve the matter.
Business type: Farm Estate
Section of cover: Personal Liability
Applicable cover: Claims Against an Insured Person
Circumstance: Breach of the Peace investigation.
Legal fees value: £5,653
The scenario:
The insured farm estate faced an investigation into an allegation of a Breach of the Peace coming from a third party, as well as a separate but associated investigation by the police in relation to fitness to hold a firearms licence.
What happened?
A third party complained to the police about noise coming from the farm estate which meant the police had to see through the complaint and investigate said noise.
The estate includes a shooting ground and is a private premise business with individuals within the business holding firearms licences to run sporting shoots. Most commercial clay pigeon shooting grounds hold an exemption under Section 11(6) of the Firearms Act 1968 which permits non-shotgun certificate holders to shoot at artificial targets*.
The complaint meant that firearms licences belonging to those running the business were subject to jeopardy. On top of that, a licence holder was already facing an investigation as to whether they were fit to be entrusted with a firearm.
In instances like this, a revocation of both firearms and certificates would have a detrimental effect on the business being able to continue to run.
The outcome:
Rural Protect defended the matter with a successful resolution for the business and, in the end, no action was taken by the authorities and the individuals retained their firearms certificates.
Things to consider:
It is worth noting that Breach of the Peace is not a criminal offence and is not punishable by a fine or imprisonment however the police still have the power to detain or arrest if a breach has occurred; a method of punishment used to help deter breaches from happening.
Rural Protect provides legal assistance and representation through a specialist litigation and commercial law firm, rradar.
If you would like to know more about Rural Protect, call us on 01653 609090 or email enquiries@hbunderwriting.co.uk.
Source:
* chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1116230/Firearms_guide_November_2022.pdf
