Insurance updates and advice for New Forest commoners

This report, by New Forest CDA member Sam Dovey, first appeared in the CDA’s annual report for 2024/25.

The New Forest CDA holds an insurance policy with the NFU Mutual covering legal liability (Public Liability) for its activities. Our level of cover, or indemnity limit per claim, is currently set at £10million.

This covers the CDA’s general (and usual) activities such as holding and organising meetings, fund raising events, our mentoring scheme, stock road signs and of course our annual stand at the New Forest Show.

The association also holds Employers Liability for any stewards or helpers assisting directly in connection with association activities.

As an additional membership benefit, the policy is extended to cover legal liability in respect of damage to third party persons or property for all fully paid up ‘full’ members, in respect of their lawfully depastured stock turned out within the fenced and gridded perambulation of the Forest and adjacent commons for the sole function of ‘grazing livestock on the New Forest’.

This is provided for individual members who do not have their own, more specific insurance in place covering their stock, farming and commoning activities which covers the same risk and activities. Where a member has their own, more specific policy in place, this would take prominence in the event of a claim and the association’s policy would not need to be called upon to respond.

The association’s ‘safety net’ policy is, therefore, a real benefit particularly for members who only have a small number of lawfully depastured stock, and for whom arranging an individual policy could be expensive given the very small margins commoners receive.

It must be remembered however, that it should be regarded as a cover of last resort, and the committee would expect most practicing commoners to be arranging their own, more specific cover.

It is also important to be aware that whilst the association’s insurance cover includes legal liability arising from lawfully ‘depastured’ stock whilst grazing on the crown lands and adjacent commons, it will not cover any liability for stock kept in fenced land owned, rented, occupied or used by members; or from any other common land away from the gridded perambulation of the forest or other associated activities other than ‘grazing livestock on the New Forest’.

In this ever-increasing world of litigation, it is your committee’s strong recommendation that members ensure they have cover in place for such situations that may arise off the open Forest, and therefore out of the remit of the association’s policy cover as well as while stock remain on the Forest.

It should be remembered that owning stock that are depastured on the Forest can also mean stock may need to managed away from the Crown lands as well – sometimes at very short notice.

This is particularly relevant for cattle keepers, as cattle will be off the forest for certain periods (eg annual TB testing and marking) and we believe that no cover is in place for scenarios such as this under the association cover.

The same principle would also apply in respect of stallions where cover for these would only apply for the period any stallion was lawfully depastured and running on the open Forest. There would be no cover under the association’s policy while they are off the Forest, or in the stallion grazing scheme.

Whether members rely on the association’s blanket safety net cover, or have their own policy in place, it should be remembered that all insurance policies have terms, conditions and limitations that need to be followed to ensure that the cover is in place correctly.

Ultimately, as a stock owner and keeper, members are responsible for the actions of their stock notwithstanding insurance cover that may be in place or any rights to turn stock on the Crown lands and adjacent commons.

If members have any queries concerning the association’s insurance cover, please do not hesitate to contact either myself or one of your committee members, we are always happy to talk.

Any formal insurance queries or requests that could involve a potential claim should be made, without delay, in writing via the association’s secretary.

Forest Stock: RTA recovery service

As reported previously, after many years of providing an uninsured loss recovery service for stock killed or injured on Forest roads, the association was unable to find a way of providing this service for members going forward.

The committee continue to keep this on the agenda, and if circumstances change and a solution can be found, then we will inform members.

On a more positive note, our insurers, NFU Mutual, have informed us that they have developed an option with ARAG Plc (formally DAS Legal Expenses insurance) to assist with recovery of these losses for their policyholders.

We understand that this service would be via an annual insurance policy that individuals may need to add to their existing NFU Mutual insurance policies and may incur an annual fee to maintain the cover.

For more information, please contact NFU Mutual directly at its offices in New Park, Brockenhurst.

Sam Dovey, New Forest CDA committee member