Louis Weston successfully resists appeal against Campanelle being declared the winner in the Commonwealth Cup race at Ascot

Louis Weston, who heads up the Sports Group at Outer Temple, acted for the British Horseracing Association in resisting the appeal by the connections of Dragon Symbol against that horse being demoted to second place and Campanelle being declared the winner in the Commonwealth Cup Group 1 race at Ascot on 18 June 2021.

Royal Ascot stewards decided to award the Commonwealth Cup to Campanelle after Dragon Symbol passed the post a head in front of Campanelle but hung right in the final furlong and a half, bumping Campanelle. This interference caused Dragon Symbol’s jockey, Oisin Murphy,  to earn a careless-riding ban.

In determining the question of the effect of the interference on Campanelle, the disciplinary panel considered that the visible interference was continuous for a furlong – one sixth of the race – and that Campanelle was only able to run straight and separated in the last 100 yards. The panel accepted Louis’s submissions that there were at least two contacts on Campanelle and that on the balance of probabilities, these additionally would have impeded her balance, freedom of movement and forward progress. The panel found that the momentum that Campanelle had before the interference ‘equated to more than the head by which she was beaten’. They concluded that there was no reason to disagree with the decision of the Ascot Stewards, and dismissed the appeal.

This was the first Group 1 appeal for some years and the connected parties were represented by Greame McPherson QC and John Kelsey Fry QC.  The Disciplinary Hearing was reported in the racing press and the Daily Mail and the appeal was successfully resisted by the BHA for the reason given by the Panel in the judgment. 

Since August 2020 Louis has had the pleasure of representing the BHA on over 20 appeals from the racecourse.

Find out more

Louis Weston is sports lawyer with a successful and established practice in Sports Regulation, Governance, Disciplinary Cases, Safeguarding and Anti-Doping.  He has a particular interest in commercial disputes and claims arising from sport and involving complex factual issues. He joined Chambers in April 2019 to continue and develop his practice in Sports Law, Commercial Litigation and Professional Negligence.

Louis has been ranked as a leading junior in Chambers and Partners and Legal 500 for many years and acts and advises Sports Governing Bodies and Players in the UK, Europe, the Middle East and Asia.

To find out more, contact Matt Sale (+44 (0)20 7427 4910) or Peter Foad (+44 (0)20 7427 0807) or call us on +44 (0)20 7353 6381 for a confidential discussion.

News 11 Aug, 2021