Cases

R (Mullins) v Appeal Board of the Jockey Club

Facts

The Claimant (M) was the trainer of Be My Royal, which was first past the post in the Hennessy Gold Cup in 2002. The horse tested positive for morphine. Before the Disciplinary Committee (DC) of the Jockey Club (JC) it was agreed the drug came from contaminated feed and M was not at fault, but the question arose of whether the horse should be disqualified. M argued that the rules required proof that the amount of drug present could have affected performance. The DC dismissed M's contentions, and an appeal to the JC's Appeal Board was dismissed. M sought judicial review of the Board's decision, and in the alternative transfer to the QBD to pursue his claim in private law. The JC and Appeal Board argued that the court was bound by R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan (CA). A preliminary issue was tried as to the amenability of the decisions to judicial review under Part 54.

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