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.


[2010] EWHC 508 (QB)




England and Wales


CitedNagle 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 . .
CitedModahl v British Athletic Federation Limited CA 28-Jul-1997
Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an . .
CitedStevenage Borough Football Club Limited v Football League Limited CA 6-Aug-1996
Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair . .
CitedCowley v Heatley ChD 24-Jul-1986
The court considered a challenge to the disciplinary procedures in the sport of swimming. Sir Nicolas Brown-Wilkinson VC said: ‘I am echoing the sentiments expressed by Sir Robert Megarry VC in McInness v Onslow-Fane [1978] 1 WLR 1520. At page 1535 . .
CitedMcInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .
CitedIn Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedFallon v MGN Ltd QBD 10-Apr-2006
The claimant sought damages in defamation.
Held: Questions as to what inferences can be drawn from betting patterns when assessing a jockey’s motives are not within the expertise of a racing-riding expert witness. . .
CitedCalvin v Carr PC 15-Jan-1979
(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their . .
CitedRichardson v Ealing London Borough Council CA 22-Nov-2005
The tenant had a bad record of payment of rent. The local authority sought possession. The district judge suspended the possession warrant. The authority appealed to the county court judge on the basis that the district judge had made his order . .
CitedCrane (T/A Indigital Satelite Services) v Sky In-Home Ltd and Another CA 3-Jul-2008
Arden LJ considered the principles to be applied when considering whether a party to civil litigation should be allowed to appeal a trial judge’s decision on the basis that a claim, which could have been brought before him but was not, would have . .
CitedFlaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
CitedBradley v The Jockey Club CA 12-Jul-2005
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 . .
CitedJones v MBNA International Bank CA 30-Jun-2000
. .
CitedRegina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .

Cited by:

Principal JudgmentMcKeown v British Horseracing Authority Admn 12-Mar-2010
The judge had been asked to revise his draft judgment. The court set out the circumstances under which a draft judgment might be amended and why in this case he had rejected the request save as to clerical errors. . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 October 2022; Ref: scu.402625