Source:  Various

In a press statement issued by her attorneys, Lady Georgina Forbes sets out her position in regard to the horses she owns which were ridden in international competition by Jessica Kürten.  

Horseweb.de quotes the statement as follows:

In reply to the press statement by Mrs. Jessica Kürten published on 8 April 2011, this

statement sets the following points right:

1. After Lady Georgina Forbes terminated her working relationship with Ms. Jessica

Kürten as of 31 December 2010, the latter refused to return the horses belonging to

Lady Forbes on the grounds that Lady Forbes allegedly owed her, her husband, and

a company called Sporthorses International Ltd. a total of about €1.5 million. She

demanded payment in exchange for the horses. However, her claims were plainly

unfounded; they were neither explained in detail nor documented.

2. After the Duisburg Regional Court (Landgericht Duisburg) denied a temporary

injunction that Lady Forbes had requested to require Mrs. Kürten and her husband to

immediately hand over the horses (as well as their equine passports) an appeal was

lodged with the Higher Regional Court Düsseldorf (Oberlandesgericht Düsseldorf).

In the hearing that took place on 6 April 2011, the Düsseldorf Higher Regional Court

made it clear from the start that it would overturn the incorrect decision by the

Duisburg Regional Court and order Mr. and Mrs. Kürten and Sporthorses International

Ltd. to return the horses to their owner, Lady Forbes. Contrary to the view taken by

the Duisburg Regional Court, the Higher Regional Court stated that there was indeed

urgency, because the horses’ well-being depended on their being immediately taken

from Mr. and Mrs. Kürten and Sporthorses International Ltd. and returned to their

owner. In making this decision, the Higher Regional Court did not even take into

account the information that had come to light subsequent to the decision by the

Duisburg Regional Court, according to which there was at the very least considerable

doubt as to whether the horses had been properly treated, not only in general terms

but also medically. The Higher Regional Court went on to express its conviction that

Lady Forbes had a right to the return of the horses, these being her property, whereas

it had not been convinced that the demands of Mr. and Mrs. Kürten and Sporthorses

International Ltd. were justified. The court therefore announced that it would issue a

ruling requiring the return of the horses against the payment of a deposit. It cannot

even be concluded from this – contrary to what Mrs. Kürten claimed in her press

statement – that the court considered the demands of Mr. and Mrs. Kürten and

Sporthorses International Ltd. to be plausible, because it is common practice in

connection with petitions for temporary court orders to require the payment of a

deposit and because in this case a tentative decision is involved. In the view of the

Higher Regional Court, however, considering the doubts surrounding the legitimacy of

the claims presented by Mr. and Mrs. Kürten and Sporthorses International Ltd., the

deposit could only amount to a fraction of the alleged claim. The Higher Regional

Court therefore suggested that the parties agree to an arrangement under which Mr.

and Mrs. Kürten commit themselves to surrender the horses to Lady Forbes against

security in the amount of € 300,000.00.

3. Lady Forbes agreed to the arrangement proposed by the court, since she fully

achieved the goal she had pursued by initiating the proceedings for a temporary

injunction, namely to recover as quickly as possible the horses that belonged to her

but had been illegally withheld pending – as demanded by Mr. and Mrs. Kürten and

Sporthorses International Ltd. – payments for which there are no legal grounds and

that might not be refunded to her.

4. Mr. and Mrs. Kürten and Sporthorses International Ltd. have not yet pursued their

alleged claims in a court of law. Under the terms of the agreed-on arrangement, the

bank deposit will lapse as soon as it is determined in the suit filed by Lady Forbes

whether or not she owes anything to Mr. and Mrs. Kürten and Sporthorses

International Ltd. and, if so, how much. At issue in the suit is also, unlike the petition

for a temporary court order, the return of the certificate of ownership of a horse

belonging to Lady Forbes, which had been arbitrarily refused by Mr. Kürten.

- Eva Jacob -

Attorney at Law

Roth, Klein, Gilcher & Partner

Rechtsanwälte

Bachstraße 5-7

68165 Mannheim