Cases

Mullins v Macfarlane & The Jockey Club

Facts

The Claimant (M) was the trainer of Be My Royal, which finished first in the 2002 Hennessy Gold Cup. The horse tested positive for morphine. It was agreed the drug came from contaminated feed and M was not at fault but the question whether the horse should be disqualified came before the Disciplinary Committee (DC) of the Jockey Club (JC). M argued that a JC instruction issued after the race established a threshold, requiring proof that more than 50 ng/ml of the drug was present. M's contentions were dismissed by the DC, and an appeal to the JC's Appeal Board was dismissed. M's application for judicial review under Part 54 was dismissed on jurisdictional grounds. M then brought a claim in private law for a declaration that the horse lawfully won the race.

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