Contract law is obviously the bread-and-butter of English law. Increasingly so, the racing industry and its stakeholders has become an important sector for the law. Please see our recent article on the Tote.

By the orders of two High Court judges yesterday, Kieren Fallon was not allowed to race in the Epsom Derby where he had looked to have a bright chance of winning the premier classic for a fourth time, riding 9-2 third favourite Recital.

Owner Ibrahim Araci said three-time Derby winner Fallon had reneged on a deal to ride for him, but Fallon called it an “innocent misunderstanding“. On Friday a judge refused an injunction but on the morning of the race the appeal court reversed the ruling, preventing him from racing. Fallon’s ride on his preferred mount, Recital, went to Pat Smullen. Native Khan, meanwhile, was ridden by another three-time Derby winner in Johnny Murtagh.

In his ruling, Lord Justice Jackson said Fallon’s status within the world of racing did not allow him special privileges. This is entirely in keeping with the English rule of law.

“There is nothing special about the world of racing which entitles the major players to act in flagrant breach of contract,” he said.

“The defendant has brought this present predicament on himself.”

The judge further added that he would “unhesitatingly refuse an injunction” if it would mean the Derby would not take place, because it is a “major national event”.

However, he said that while the ruling was unfortunate, it “doesn’t materially retract from the event as a whole“.

** Important Update **

The full judgment from the Court of Appeal (Civic Division) before LJ Elias and LJ Jackson has now been published here:

http://www.bailii.org/ew/cases/EWCA/Civ/2011/668.html