Racing:Kieren Fallon must wait until the morning to find out whether he can partner Recital in Saturday's Investec Derby at Epsom, after an appeal was lodged against this morning's refusal by a High Court judge to grant an injunction preventing the Irishman taking the mount on Aidan O'Brien's colt.
The Court Of Appeal expected to deliver its verdict at 9am tomorrow.
Fallon had 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.
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). Mr Justice MacDuff said he had "every sympathy" with Araci, "who has been badly let down".
He added that his sympathy "is tempered to some significant extent by the good news that he has been able to engage a replacement jockey (Johnny Murtagh) who is also a champion at the top of his profession".
Preventing Fallon from riding in "a premier classic race" would be "severe punishment indeed".
Although an injunction would cover "one short day", it would involve "a restraint of trade and a prohibition on a major sportsman from carrying on his occupation".
He added: "It is not just one day - it is Derby Day."
Another factor which could be taken into account was the difficulty which could be faced by connections of Recital in finding a replacement jockey of Fallon's stature at "this late stage".
Also the betting public had placed wagers in the belief Recital, an "enormously fancied horse", was going to be partnered by Fallon.
"There is no doubt at all that his chances in this major race would be reduced with a different rider."
The judge said there was also the "wider public interest" - the Derby was an event which "aroused interest in all segments of society".
He said: "Mr Fallon is a major champion rider and this is a premier race meeting. There is a public interest in maintaining that high regard."