Cases

Kieren Fallon v MGN Limited (No 3)

Facts

Fallon complained that a Racing Post article about Miles Rodgers' betting record meant that he was probably guility of conspiring with Rodgers to fix races in which Rodgers layed him to lose. The Defendants pleaded justification to a Level 2 meaning. Eady J struck out the original defence because there was no causal nexus shown between Rodgers' betting and Fallon's losing rides, and the Defendant's race-riding expert agreed with the Claimant's race-riding expert that Fallon looked as if he had lost on Ballinger Ridge by mistake, not by design. Following the acquittal of Fallon and Rodgers on a criminal charge of conspiracy to defraud, the Defendants applied to amend their Defence to rely upon the same material used by the CPS to mount their prosecution. The application was resisted on the grounds that the CPS case had proved to be too weak to be left to the Jury, so by parity of reasoning and having regard to the overall factual matrix (which includes the fact that Fallon's win rate o

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