Cases

Kieren Fallon v MGN Limited (No 3)

Issue

The key issue was whether the Court should adopt the reasoning of Forbes J at the criminal trial and hold that in order for the case to proceed there had to be prima facie evidence that Fallon had deliberately stopped his horse from winning in at least some of the suspect races. Forbes J had directed the Jury to acquit Fallon because the race-riding expert relied on by the CPS was not qualified to offer an opinion on UK racing, and his evidence fell short anyway of accusing any jockey of appearing not to try. The Defendants reproduced his "non-expert" criticisms of three of Fallon's rides in the new Defence, and repeated in the new Defence an account of the Ballinger Ridge race which had been disowned by their own expert John McCririck.

Also