header-logo header-logo

14 July 2011 / Miles Harris
Issue: 7474 / Categories: Features , Damages , Commercial
printer mail-detail

Hold your horses

Miles Harris examines Araci v Fallon & the enforcement of negative covenants

Araci v Fallon [2011] EWCA Civ 668, [2011] All ER (D) 37 (Jun) combines points of interest to both the general public and lawyers. The case culminated in the famous jockey, Kieren Fallon, being restrained from riding in the Epsom Derby just hours before the off, attracting significant media attention and causing punters a headache. It is also the first Court of Appeal decision on the test for an interim injunction to enforce a negative covenant and a rare example of such an injunction being obtained in a sports law context. 

The background

The claimant, Ibrahim Araci, owns Native Khan, a racehorse fancied for the Derby, run on Saturday 4 June 2011. In April, Araci and Fallon, a three times Derby winner, entered a written retainer (the retainer) by which Fallon agreed to ride for Araci whenever possible but also not to ride a rival horse in any race where he had been booked to ride Native Khan.

Araci booked

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll