By Paul Reoch

AN 11-year-old Perthshire girl was forced to give almost three hours of evidence in one of the country’s highest courts as she clutched her teddy bear for support.

Megan Robertson, of Abernethy View, St Madoes, was awarded £7500 in damages at the Court of Session following a claim against Horses in Scotland Ltd.

The incident took place in November 2004, when Megan was thrown from her horse, Puzzle, after it became agitated at two Jack Russell dogs who were snapping at its heels in the riding arena at Wester Denhead Riding School, Roscobie, Dunfermline. The riding school is owned by Horses in Scotland Ltd.

Instructor Elaine Marshall—who was taking the class at Wester Denhead—denied the dogs had been allowed into the ring and claimed Megan fell off when the horse turned suddenly.

Lord MacPhail, who presided over the case, had asked Megan, who attends St John’s RC Primary School in Perth, if her teddy bear should also take the oath in a bid to put her at ease. He found in her favour, awarding her £7500 damages against Horses in Scotland Ltd.

Last night her mother, Lynne, told The Courier that she was overjoyed at winning the action but felt her daughter should never have been asked to give her version of events in the first place.

“I am ecstatic that Megan won her case but very angry at what she had to go through,” she said.

“This was never about the money. It was all about the attitude of the riding school.

“They never even phoned to find out how Megan was and then they tried to say she was lying about the dogs.”

She continued, “It has been very stressful for everyone but especially for Megan as she knew this was coming up and it’s taken two years. It was more the fact that the riding school said we were lying.

“We told Megan she didn’t have to go into court but she said she wanted everyone to know that she was telling the truth. She got a bit nervous on the day and she was in tears, but she was still determined to go through with it.

“My husband and I couldn’t even sit with her because we were witnesses but her grandfather, Eddie Henderson, was allowed to sit at the foot of the witness box. The fact that we had to sit outside whilst she gave evidence made it worse.

“She had to stand in the witness box for an hour and 15 minutes on the first day and then an hour-and-a-half the next. And we were told that the legal team were quite hard on her at times on the second day.

“Megan was getting really upset just speaking to our legal team but she was adamant she would get up in the witness box—she’s quite a wee fighter. I only had to give evidence for 15 minutes so she did incredibly well.

“She now has her own horse, Dustin, and her damages are going into an account to pay for his upkeep and buy him a new coat.”

The court was told that Megan was off school for three weeks after the fall and her arm was in plaster for another three months.

Glen Millar, solicitor advocate who represented Megan, added, “I think it reflects very badly on the defenders and their legal team that they made an 11-year-old girl go through the ordeal of giving evidence in the Court of Session on the basis of a misguided hope that she may not prove her case.

“Megan was cuddling her teddy bear throughout but she was a very good witness and we are delighted she won her case.

“The judgment sends out a warning to all other organisations involved in organising sporting activities for children that making money cannot come at the expense of health and safety.”

He added that Megan’s father, Clayton, raised the action in his daughter’s name because of her age. It was originally against Jackie Kemp trading as Wester Deanhead Riding School, but it proceeded against Horses in Scotland Ltd who own the school.