Racing followers will have been aware of some legal jockeying for position ahead of the recent Derby Day. In Araci v Fallon the Court of Appeal issued an injunction to stop the champion jockey, Kieren Fallon, from racing a horse called Recital in the Derby. His intention to do so was in breach of his 1 year retainer agreement to race, and not to race against, another horse, Native Khan owned by Ibrahim Araci. In the course of its judgment, the Court remarked that where someone agrees not to do something, but the uncontested or clear evidence is that they intend to go ahead and do it, an injunction will normally be granted against them “as a matter of course”. There are other circumstances to be considered for injunctions of course, but this statement will give heart to many employers.
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