Key Sports Law Cases And Developments Of 2021 – UK & Ireland

Published Wednesday, 22 December 2021.

BHA confirms changes to the Rules of Racing

All horses entered to run in a race in Britain must be signed out of the human food chain via its passport by 1 January 2022
Equine Influenza vaccination requirements updated, in line with other European racing nations
Rules regarding use of bisphosphonates updated, in line with European harmonised position

Thoroughbred Industries Steering Group welcomes EFRA Select Committee ‘Moving Animals Across Borders’ report

Industry figures presented evidence to the Select Committee earlier this year
Report recommends that Government should work with EU to formulate ‘high health status’ agreement to replace Tripartite Agreement for thoroughbred movement
Adds that Government should embrace digital systems for equine identification and utilise industry solutions

LawInSport Weekly News Recap - 24 September

Welcome to LawInSport’s weekly News Roundup. This recap highlights this week’s news pieces from across the world of sport. For further updates, please visit our news section.

We hope you find this useful. If you have any related questions or feedback, please don’t hesitate to contact us.

Result of an Enquiry (D. Flood) heard by the Disciplinary Panel on Monday 20 September 2021

A hearing of the Independent Disciplinary Panel of the British Horseracing Authority (BHA) to enquire as to whether Mr David Flood, a licensed trainer was in breach of (J)21 of the Rules of Racing in that he allegedly verbally abused a BHA official.

Result of an Enquiry (K. Lundie) heard by the Disciplinary Panel on Thursday 26 August 2021

1. On 26 August 2021 the independent Disciplinary Panel of the British Horseracing Authority (BHA) convened to consider whether Mr Kevin Lundie, a licensed professional flat jockey, was in breach of Rule (K)49 (a jockey must ensure that no Banned Substance is present in their body) and/or Rule (L)5.2 (where an approved person requires a person to attend an interview the person must attend the interview at the agreed time and place).

David Loughnane - Rule (E)12, fast-tracked

£750 fine - A breach of Rule (E)12 of the Rules of Racing in that on 29 June 2021 FOREVER BRIGHT (IRE) ran in The Peter Villars Sportsground Maintenance Restricted Maiden Stakes (Class 5) at Chepstow, where it had been reported by the Veterinary Officer that the horse appeared to be suffering from ringworm. The skin scrapings taken from FOREVER BRIGHT (IRE) were reported by Rossdales Laboratories as being positive for ringworm.

Maurice Barnes - Rule (D)30, fast-tracked

£290 fine - A breach of Rule (D)30 of the Rules of Racing in that notification of the wind surgery undergone by FISHER GREEN (IRE) had not been notified to the Racing Calendar Office until after declarations prior to the horse running at Hexham on 20 June 2021.

BHA Disciplinary - Brian Ellison - Rule (K)1, fast-tracked

£1,000 fine - A breach of Rule (K)1 of the Rules of Racing in that a post-race urine sample taken from DEFINITLY RED (IRE) on 29 February 2020 following its run in the William Hill Leading Racecourse Bookmaker Premier Chase at Kelso tested positive for triamcinolone acetonide.

Result of an Appeal (J. Watson) heard by the Disciplinary Panel on Thursday 27 May 2021

1. The Race:

This was the 1.10 at Nottingham on 18 May 2021, a Class 5 British Station Studs EBF Maiden Stakes (GBB Race) for 2-year-olds over 6 furlongs. Mr Watson rode NOISY NIGHT. Soon after the start the horse veered sharply left and lost a lot of ground. No criticism could be made of Mr Watson’s riding of the horse at that stage and he did his best to get the horse under control. However, as proved to be common ground in the hearing before us, thereafter he failed to comply with Rule (F)37of the Rules of Racing in that: (F)37 .1 he did not and was not seen to ask the horse for timely, real and substantial efforts to achieve the best possible placing and (F)37.2 he did not take all other reasonable and permissible measures throughout the race to ensure that the horse was given a full opportunity to achieve the best possible position. That is not of course and as we emphasise the end of the matter as we considered and as is set out below.

Saliva testing pilot providing on-the-day screening for cocaine and other banned substances now under way

Oral swabs allow for instant results, meaning riders testing positive for cocaine can be prevented riding on the day
Cost effective nature of saliva testing could result in significantly increased testing capacity each year

A pilot programme to assess the use of saliva testing as a method of screening for cocaine and some other banned substances is now under way on British racecourses.

The Racing Partnership Case – The Rights and Obligations Of Distributors Of Live Sports Betting Data

Published Wednesday, 28 April 2021.

Refreshed membership of Horseracing Bettors Forum announced

Revised and more accessible Rules of Racing now available to view online

INTERPOL Integrity in Sport Bi-Weekly Bulletin - 16 April 2019 - 29 April 2019

BHA whistleblowing policy now available to participants and general public

INTERPOL Integrity in Sport Bi-Weekly Bulletin - 22 January 2019 - 4 February 2019

Stewarding Consultation Forum launched to shape ongoing progression of British stewarding

2018 Integrity Survey launched to measure change in perceptions of British racing’s integrity

Rose Grissell appointed as new Head of Diversity and Inclusion for British racing

BHA statement regarding Andrea Atzeni

Horseracing Bettors Forum invites new member applications

LED advertising displays approved on landing side of fences

Result of a Disciplinary Panel Hearing (Timothy Brennan)

Sports Law News Recap – April - June 2018

Published Friday, 06 July 2018.

Notice of an Enquiry (R. Dunne) to be heard by the Disciplinary Panel from Tuesday 30 November

The independent Disciplinary Panel of the British Horseracing Authority will convene from Tuesday 30 November 2021, with five additional dates reserved, to consider whether Licensed Jockey Robbie Dunne is in breach of the following Rules of Racing:

55th International Conference – Racing’s Future in the Spotlight

The International Federation of Horseracing Authorities (IFHA) has launched the 55th International Conference of Horseracing Authorities. Held virtually for the second consecutive year, the 2021 Conference examines global racing’s evolution and future challenges. The Japan Racing Association (JRA), also a member of the ARF, is the official partner of this year’s Conference.

Trainer Johnny Farrelly excluded from British racing

Following a five-day hearing in front of the National Safeguarding Panel (NSP), trainer Johnny Farrelly has today been found in breach of six offences under Regulation 4 and one under Regulation 6 of the BHA Safeguarding Regulations following a referral by the British Horseracing Authority (BHA) to the National Safeguarding Panel.

BHA Disciplinary - William Haggas - Rule (G)2.1, fast-tracked

£1,000 fine – breach of Rule (G)2.1 of the Rules of Racing in that on 17 July 2019 FIVE DIAMONDS ran in the 4Head Median Auction Maiden Fillies’ Stakes (Class 6) at Yarmouth finishing 1st. Following the race the Stewards ordered FIVE DIAMONDS to be post-race tested. On 7 August 2019 it was reported that the post-urine sample returned by FIVE DIAMONDS tested positive for HEPS.

BHA Disciplinary - Kim Bailey, Rule (D)11, fast-tracked

£1,000 – Kim Bailey - breach of Rule (D)11 of the Rules of Racing in that on 31 March 2021 SUBWAY SURF (IRE) was due to run in the Join RacingTV Mares’ Novices’ Hurdle Race (Class 4) at Ludlow Racecourse. After arriving at Ludlow the horse was scanned into the stable yard, during which the Equine Welfare and Integrity Officer noticed a substance around SUBWAY SURF (IRE)’s mouth and the Veterinary Officer was informed. Following the report, a bag and lorry search was carried out and two unlabelled 50ml syringes containing an unidentifiable brown liquid were found. One syringe was full, the other was empty, but with the brown liquid residue still within. His representative explained to the Veterinary Officer that she had witnessed the horse being administered one of the syringes by one of the Head Lads either before or as the horse was being loaded to travel on the morning of the race. Furthermore, she explained that the substance was ‘Pullman Pro’ and the horse was due to be administered the second syringe after the race.

Bloodstock Industry Forum publishes Code of Practice

The Bloodstock Industry Forum (BIF) is pleased to announce the completion of the new Bloodstock Industry Code of Practice which will be formally incorporated into the rules of British Racing on August 16th and replaces the previous Bloodstock Industry Code of Practice which has been in place since in 2009 and the ITBA Sales Code of Practice, operational since 2010. The new Code of Practice has been drawn up in response to the central recommendation made in the BHA Review of the Buying and Selling of Bloodstock and Racehorses in British Racing which was released in December 2019.

Nicky Henderson - Rule (E)12, fast-tracked

£750 fine - A breach of Rule (E)12 of the Rules of Racing in that on 5 July 2021 LELANTOS (IRE) ran in The Free Tips Daily On attheraces.com Handicap Hurdle Race (Class 5) at Worcester, where it had been reported by the Veterinary Officer that the horse appeared to be suffering from ringworm. The skin scrapings taken from LELANTOS (IRE) were reported by Rossdales Laboratories as being positive for ringworm.

Pam Sly - Rule (D)28, fast-tracked

£200 fine - A breach of Rule (D)28 of the Rules of Racing in that when DARK SPEC ran at Beverly on 19 July 2021 she had not informed the Racing Calendar Office that the horse had been gelded before the deadline as required

ARF publishes “A Report of Illegal Betting Growth during the Covid-19 Pandemic”

The Asian Racing Federation Council on Anti-illegal Betting and Related Financial Crime (“the Council”) this week released a new report: “A Report of Illegal Betting Growth during the Covid-19 Pandemic”.

Whip Consultation Steering Group to draw on broad range of racing, political, equine welfare and media expertise

The British Horseracing Authority (BHA) has today confirmed the membership of a Whip Consultation Steering Group which will have responsibility for oversight of the process and decision-making in relation to the forthcoming consultation regarding the use of the foam-padded whip in British racing.