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Injunction Granted to Curb Derby Disruption

Following forewarned threats of action from the protest group Animal Rising during the Derby meeting, The Jockey Club, which owns Epsom Downs Racecourse, has been granted a High Court injunction in which prohibits acts of intentional disruption.

Granted after a hearing on Friday, the injunction prohibits individuals from entering onto the racetrack and carrying out other acts which would intentionally disrupt the races. This includes disruptive action in the parade ring and on the horse walk out to the track, throwing objects onto the course, and intentionally endangering any person during the meeting of June 2 and 3. Those found to be in breach of the court order could face fines or imprisonment.

“Our number one priority will always be to ensure that the safety of all our equine and human participants and racegoers, officials and our own employees is not compromised,” said The Jockey Club's CEO Kevin Truesdale.

“Animal Rising have repeatedly made it explicitly clear that they intend to break the law and disrupt The Derby Festival and that left us with no choice but to seek this injunction, having consulted with a number of stakeholders including Surrey Police.

“We will never tolerate a repeat of the illegal disruption we saw at Aintree on Grand National Day and we welcome today's High Court ruling, which provides us with an additional layer of security to combat the threat of such dangerous and reckless behaviour.”

He added, “We believe everyone should have the right to peaceful protest and have offered Animal Rising an area near the entrance of Epsom Downs Racecourse to express their views in a law-abiding way. However, anyone who attempts to disrupt the race or compromise the safety of horses or humans will be dealt with robustly by our security teams and the police.

“As such I now urge Animal Rising to abandon any plans to breach security at The Derby Festival and respect the legitimate right of the thousands of people who will join us at Epsom Downs and the millions of people watching at home and around the world to enjoy the sport they love uninterrupted.”

In April, the Grand National was delayed by 15 minutes after protestors broke onto the course and attempted to attach themselves to the fences. Protestors were also recently removed from an evening meeting at Doncaster, and from last year's Derby.

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‘Reckless Disregard’: Paralyzed Freddy Tylicki Succeeds In Lawsuit Against Fellow Jockey

In a groundbreaking decision, the London High Court ruled Tuesday that paralyzed jockey Freddy Tylicki has succeeded in his lawsuit against rider Graham Gibbons. According to racingpost.com, Judge Karen Walden-Smith's ruling states: “The actions of Mr. Gibbons were […] undertaken in reckless disregard for the safety of Mr. Tylicki.”

Tylicki, a former champion apprentice, has been confined to a wheelchair since a racing incident at Kempton in October of 2016. The 35-year-old alleged in his £6 million (about US$6.77 million) suit that Gibbons' negligence breached the “duty of care” owed by one jockey to another.

Judge Walden-Smith agreed, her ruling stating that Gibbons' actions during a pivotal four seconds of that race “were not mere lapses or errors of judgement. This was a course of action that carried over a number of seconds and, while that might, in some circumstances, be considered a short period of time, in the heat of a horse race where jockeys are required to make split-second decisions […] this was a sufficient period of time for a skilled jockey to make decisions.”

A final compensatory amount has not yet been decided.

Tylicki released the following statement after the decision was announced: “Today's result has finally provided me with closure and I look forward to putting this all behind me and moving on with my life. I hope though that this judgement acts as a reminder that competing in a dangerous sport like horseracing is no justification for competing with a reckless disregard for the safety of your fellow competitors.”

The BHA will consider today's High Court judgement in detail and carefully assess what implications it may hold for British racing, in discussion with industry stakeholders.

— BHA Press Office (@BHAPressOffice) December 21, 2021

Asleep At The Wheel? British Horseracing Authority Doesn’t Show Up To Paralyzed Jockey Lawsuit

In his regular Monday commentary, the Racing Post's Chris Cook expressed his lamentations at the fact that the British Horseracing Authority did not bother to have a representative present at last week's High Court case in which paralyzed jockey Freddy Tylicki filed a lawsuit against rider Graham Gibbons for negligence that resulted in his injury.

On the line is not only the difficulty of ensuring jockeys have insurance coverage if the judge orders a payout to Tylicki, but also that several members of the racing community, both a jockey and a steward, spoke on the stand about the “code of conduct among jockeys” that often prevents them from speaking up.

“Readers of the Racing Post were better briefed about what went on than the folk who run the game,” Cook wrote. “A BHA presence last week would have been a reassuring sign that in fact the sport is well run and its top people can tell what really matters. Instead, I'm left imagining a group of people chiseling away in their own little silos and nobody sticking their head outside to see if there's something that might need to be dealt with.”

The BHA sent the following reply to the Racing Post after the publication of Cook's commentary: “The suggestion that the BHA has not identified the significance of this hearing is entirely incorrect. Alongside any detailed judgement issued by the judge, a full transcript of the proceedings has been requested which will allow the BHA to take the time to study the proceedings in detail and carefully reflect on any items of concern.”

Incident That Left Jockey Paralyzed Was ‘Completely Avoidable,’ Veteran Racing Analyst Tells High Court

Testimony in the paralyzed jockey Freddy Tylicki's lawsuit against Graham Gibbons continued on Thursday in London's High Court, with veteran racing analyst Jim McGrath revealing that he believes the incident was “completely avoidable,” according to The Sun.

Tylicki, a former champion apprentice, has been confined to a wheelchair since a racing incident at Kempton in October of 2016. The 35-year-old has filed a £6 million (about US$6.77 million) lawsuit against jockey Graham Gibbons, with Tylicki alleging that rider's negligence breached the “duty of care” owed by one jockey to another.

Gibbons denies the charges.

Tylicki took the stand earlier this week to relive the moment of his life-altering injuries, watching video of the incident from multiple angles. Similar video was shown in court on Thursday, with McGrath singling out a specific point at which Gibbons' actions affected the incident.

“I don't think there is any question that Mr. Gibbons had the opportunity to correct his horse,” McGrath said. “My experience as a race reader and commentator and my knowledge of the rules and, crucially in this incident the length of time it took to unfold and the position of the incident in this race, are all important matters.

“Putting that all together – to me it was a completely avoidable incident.”

The trial continues.