A HORSE lover who was left £250,000 out of pocket when her foal came down with a serious disease at a stud is to take her case before some of the UK’s top judges.

Karen Watson’s foal Sidney was diagnosed with the debilitating “rattles” infection after his birth at Beechwood Grange Stud in York in 2010, a court was told.

Although he survived, Sidney sustained serious lung damage and now the foal, thought to have been worth £120,000, is a worthless pet.

In a county court case, Beechwood sued Ms Watson for nonpayment of Sidney’s fees, while she claimed damages.

Recorder Brian Rawlings found against her last February, leaving her with a costs bill for the case of well over £100,000.

With the lost value of the foal, she says the case has cost her about £250,000, more than she can afford to lose. But she took her case to the Court of Appeal and has now been granted permission for a full appeal by a senior judge.

Lady Justice Arden said Ms Watson has an arguable case that the county court decision was flawed.

Ms Watson, who works in equestrian supplies and counts breeding as a hobby, employed Beechwood to provide foaling services, the court heard.

Having paired up a mare with top sire, Firebreak, Sidney was born at the stud in April 2010.

It was only on his return to Ms Watson in June that he was found to have contracted the “rattles”

infection.

In her county court action, she claimed that Beechwood should have done more to prevent the disease, should have spotted it when it happened and then begun treatment.

Launching her application to appeal, she said that, while suffering with diarrhoea, a symptom of the illness, Sidney had been found to have a temperature of 102F at the stud.

She said that everyone at the trial had been misled into believing that the vet had been told about the temperature.

And she now wanted to put forward fresh evidence indicating that the stud’s regular vet was not told.

Had the vet been informed, tests would have been carried out, the disease diagnosed and antibiotics swiftly given, she said.

‘You would expect, once someone has picked up a temperature of 102, to inform the vet,’ she told the judge.

Giving judgment, Lady Justice Arden granted permission for a full appeal, but said it should be delayed for six months to see if the parties can settle their differences.

“An appeal in this court is extremely expensive and, if it fails, Ms Watson would be at risk of a very substantial order for costs,”

she said.

“She should think very carefully whether she wants to go ahead.

“Both sides are at risk of very substantial costs as a result of this appeal. If there has to be another trial, that would be very expensive too. Although Sidney was a very valuable foal, there are better ways of dealing with the matter.”