Jockeys could face costly phone bill

14 April 2012

Britain's jockeys will need deep pockets and patience in abundance if their threat to challenge the Jockey Club's restrictions on mobile phones ends up in court.

Simon Cohen, a specialist in sports law, has been watching the damaging dispute escalate with interest over the last two weeks.

And Cohen, who works for the James Chapman & Co firm which numbers Manchester United among its highprofile clients, feels the Jockey Club holds the aces as the stakes become higher.

Jockeys have reportedly collected £20,000 in advance of a legal challenge, but Cohen described their fighting fund as "a drop in the ocean in terms of pursuing such a case through the courts".

He said: "That sort of sum wouldn't extend much beyond asking a London firm to instruct a decent barrister. The legal bill would be a great deal more if the case came to trial, and don't forget the loser in a civil case generally ends up with a hefty bill for costs."

Leading jockeys such as Frankie Dettori, Kieren Fallon, Kevin Darley and Philip Robinson remain adamant that the Jockey Club have failed to meet riders halfway by insisting that mobiles be switched off once racing begins.

Insiders suggest the rank and file of the weighing room are less inclined to fight the restrictions, and Cohen feels that taking the matter to court would carry considerable risk.

He added: "I certainly wouldn't want to put my mortgage on the outcome of this one, but the law is very keen that sporting bodies should have the autonomy to run their own sports subject to the rules of natural justice.

"The Jockey Club's path is clear in that they feel the end of preventing corruption is clearly justified and it would send out a very strong message if they were to back down.

"The jockeys' position depends largely on how much money they want to throw at it. Courts are likely to be swayed if they consider a ban on mobiles represents a restraint of trade.

"There might also be some merit in the argument that there is a human rights issue at stake, but cases that go to Europe tend to drag on for a long time and, as we saw in the Bosman case, they don't always benefit the party in question even if he wins."

Further talks aimed at breaking the deadlock were expected to open later today, though Jockey Club spokesman John Maxse stressed that "we have touched base with our lawyers and remain happy with our position".

Jockeys could face costly phone bill

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