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 Fallon to ride Native Khan in the Derby. However,
