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Following on from my recent post, the Court of Appeal's Derby ride, here is a link to the judgment. It is interesting, quite short (so you need not spend a lot of time in getting to grips with the decision) but it gives a good demonstration as to how the Courts approach the grant of a restraining injunction and the various considerations that need to be taken into account.
To many people's surprise, including my own, the Court of Appeal last Saturday overturned Mr Justice MacDuff’s judgment the day before and acceded to Ibrahim Araci’s application for an injunction preventing Kieren Fallon from riding Recital in the Derby. Araci alleged that Fallon had agreed to ride his horse Native Khan.
I was surprised by this because it seemed to me that the grant of an interim injunction of this nature would amount to a final determination of the issue…Read More