Injunctions: Araci v Fallon
The reason I am writing about Araci v Fallon [2011] EWCA Civ 668 (4 June 2011) is that it is very rare indeed for the Court of Appeal to interfere with the exercise of a judge's discretion when considering an interim injunction application. As Lord Justice Jackson accepted at paragraph [64] the Court of Appeal only interferes with the judge's exercise of discretion in relation to an interim injunction in one of the exceptional situations described by Lord Diplock in Hadmor Productions v Hamilton [1983] I AC 191 at 196. However, his lordship took the view that this case fell into this category and Lord Justice Elias Agreed with him. The Facts The well known jockey Kieren Fallon ( "Mr. Fallon" ) had agreed in April to ride Native Khan which belongs to one Vefa Araci ( "Mr. Araci " ) in last week's Derby. Clause 6 of his agreement provided: "Jockey's Obligations 6.1 The Jockey and his agent(s) agrees that he shall: (a) Not ride for any oth...