Cases

Kieren Fallon v MGN Limited (No 3)


Held

The defence had been transformed by the inclusion of detailed particulars showing telephonic communications between the Claimant and associates of Rodgers at the time of the suspect races. Taken as a whole the new defence was arguable, and the matters raised by the Claimant by way of resistance to its introduction would have to be explored at trial. It was not essential that the defence should be underpinned by expert race-riding evidence.

Also