The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was approved. Having entered the profession, the claimant must accept its rules. He had broken them. The committee had had sufficient basis for the conclusion they had reached, and the penalty was proportionate. ‘Professional and trade regulatory bodies were usually far better placed than the court to evaluate the significance of breaches of the rules and standards of behaviour governing the professions or trades to which they related.’ Having acquired a means of making a living under those rules could not be heard to say he had a vested right to continue to earn his living in that way. The judge had concluded that the Board had properly carried out a balancing exercise between maintaining the integrity of racing, and the impact of the disqualification on the applicant and his family.
Judges:
Lord Phillips MR, Buxton LJ, Scott Baker LJ
Citations:
Times 14-Jul-2005, [2005] EWCA Civ 1056, [2006] ISLR, SLR-1
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Nagle v Fielden CA 1966
The applicant, a lady jockey appealed refusal by the Jockey Club to issue to her a jockey’s license based simply on the fact of her sex.
Held: Her appeal succeeded. The refusal was against public policy. Where a man’s right to work was in . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Appeal from – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited by:
Cited – Mullins, Regina (on the Application of) v The Jockey Club Admn 17-Oct-2005
The claimant’s horse had been found after a race to have morphine in his system. It was not thought that the claimant was at fault, but the horse was disqualifed. He sought judicial review of the decision.
Held: The decision was a disciplinary . .
Cited – Adidas-Salomon Ag v Drape and others ChD 7-Jun-2006
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – McKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
Lists of cited by and citing cases may be incomplete.
Employment, Administrative, Contract, Natural Justice
Updated: 04 July 2022; Ref: scu.230941