'The racing industry is watching' - Tattersalls versus Tom George case concludes

The defence for Tom George said "the racing industry was watching" when delivering closing remarks in a case brought against the trainer by Tattersalls at the Mayors and City of London Court on Wednesday.

George appeared alongside bloodstock agent Alex Elliott for a third day over his refusal to pay for Lariat, whom he bought for 90,000gns in the Autumn Horses In Training Sale on October 30, 2019 from Mick and Janice Mariscotti out of Andrew Balding's yard.

After the sale, it was determined the horse had a significant degree of laryngeal hemiplegia, which restricts airflow, and as no agreement could be reached with the vendor to return Lariat, Tattersalls had to intervene and he was referred to an independent panel of three vets.

He was found to have the wind issue during a resting endoscopy, but as he did not make an inspiratory noise when galloped up Warren Hill, Lariat was not considered returnable under Tattersalls' terms and conditions, which outline definitions of 'whistlers' and 'roarers'.

Timothy Higginson QC, representing George, argued the two-part test was "out of line" with other sales houses, such as Arqana and Goffs, and questioned whether it was reasonable or fit for purpose.

"If this is going to be the way people buying there are treated, it could be considered by vendors as a licence to sell a horse who isn't good, as they may conclude the system is weighted in their favour," he said.

Higginson noted seven vets had defined Lariat as having a "serious wind condition", and he added: "The horse should not have been sold in that condition and should have been returned. Tattersalls' case hangs on the thread that three men, stood outside, did not hear a noise.

"Without that evidence, their case would be in tatters. They have no leg to stand on. The case hangs on a fleeting moment on Warren Hill.

"Everything the court has heard reduces to these questions: is what Tattersalls is trying to do to Mr George fair? Is justice served by allowing them to do what they are trying to do? The eyes of the racing industry are on this case and their terms and conditions."

The defence highlighted the alleged onerousness of the terms and conditions and said they should have been made clearer, while the claimant maintained they were clearly printed in the sales brochure.

On the two-part test, Edmund Noarse QC, representing Tattersalls, concluded: "What one can't do is say after the event that it's unfair and produced an unfair result. The test was agreed to by all parties and a reasonable body of opinion concludes it's a good test."

He later added: "It's a practical test for these types of sales – it was carried out properly by a panel of vets with years of experience."

Alex Elliott: Tattersalls say bloodstock agent is jointly liable with trainer Tom GeorgeCredit: Sarah Farnsworth/Goffs UK

Tattersalls asserts Elliott, who signed for the horse and was aware of the returns process, is jointly liable for any potential costs, which have surpassed £100,000 with interest, but his defence argued the fact he turned the horse over to George "extinguished" his liability.

The bloodstock agent was instructed to bid for Lariat approximately 30 minutes before he entered the ring and alerted Tattersalls in writing that he had turned the horse over to George on November 1.

However, while noting Elliott did not act "improperly", the claimant's representative argued he did not qualify for indemnity because he did not fill out a purchase authorisation seven days in advance, which would have stated George was fully liable for the purchase.

The case lasted three days and the judge has reserved judgement, but will accept written submissions during the next seven days.

Read more on this subject:

Tom George: Tattersalls test neither 'fair nor reasonable' in payment dispute

Tattersalls presents case in non-payment dispute with trainer Tom George

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