Fallon free to ride Recital but appeal likely A High Court judge today refused to grant an injunction preventing Kieren Fallon from riding Recital in Saturday's Investec Derby at Epsom. But, despite the judge's decision, the question of whether Fallon will be able partner Aidan O'Brien's colt remains up in the air because of a possible appeal later today. Fallon looked set to be reacquainted with the Ed Dunlop-trained Native Khan in the Derby after riding him in a piece of work at Epsom last week. But on Monday it was announced he would partner Recital, whom he rode to win the Derrinstown Stud Derby Trial at Leopardstown. Mr Justice MacDuff, sitting in London, had been urged to grant an injunction by Native Khan's owner, Ibrahim Araci, to prevent him riding Recital in the premier Classic. The judge said he was not prepared to grant the injunction sought - but gave permission to appeal against his decision. It is thought their challenge could go to the Court of Appeal this afternoon. The owners of Native Khan claimed that Fallon had broken a "promise" to ride their horse and, under the terms of an agreement, should be prevented from riding another in the race. Fallon denied breach of contract and said there had been an "innocent misunderstanding". Lawyers for Araci argued he had been "badly let down" by Fallon. Mr Justice MacDuff emphasised that his decision to refuse the injunction "is not to be regarded in any way as a win for Mr Fallon". A trial of the dispute would be held, when the question of damages would be decided. He ruled that damages were "capable of providing an adequate remedy" in the case. He said he was satisfied "that the true facts are that the defendant (Fallon) believed he could ignore this binding contract". In his judgment, the jockey had acted with "deliberate selfishness". But, in exercising his discretion on whether to grant an injunction, there were a number of factors to be put into the scale - including the public interest. Fallon has won the Epsom Classic on three previous occasions, North Light (2004), Kris Kin (2003) and Oath (1999).
