Kieren Fallon will have to wait until race day to find out if he will be able to ride Recital in the Epsom Derby after a day of drama at the High Court.
The Court of Appeal will announce its decision in the case brought by Ibrahim Araci, the owner of Native Khan, after judge Mr Justice MacDuff had refused to grant an injunction preventing Fallon from riding in the Epsom Classic.
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”.
The three-time Derby-winning jockey 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 the Aidan O’Brien-trained Recital, who he rode to win the Derrinstown Stud Derby Trial at Leopardstown.
The Native Khan team acted quickly to snap up another three-time Derby winning jockey, Johnny Murtagh, for the ride on Saturday (Sunday AEST) and trainer Ed Dunlop has been delighted with the grey colt’s preparation.
O’Brien is happy with his other runners – Dante runner-up Seville, Chester Vase winner Treasure Beach, and Memphis Tennessee, second to Recital at Leopardstown.
Meanwhile, Carlton House is firmly on course to take his place in the race after recovering from an injury scare that had threatened his participation.
Connections of the colt, trained by Sir Michael Stoute and owned by The Queen, issued an upbeat bulletin for the second day running after the three-year-old showed no ill-effects following an easy canter in Newmarket.
Carlton House has been the long-time favourite for the premier Classic, but doubts over his participation arose after he developed swelling in his near-fore leg.
The Dante Stakes winner suffered the setback following a workout on Monday.
However, the doubts now appear to have been laid to rest and the colt is set to take his chance.
“It has not been one of the easiest weeks for the team at Freemason, Sir Michael and his amazing crew,” Her Majesty’s bloodstock and racing adviser John Warren told BBC Sport.
“But I think all is on track now, it’s very positive.
“It started off with that small filling in the joint, which X-rayed nice and clean, and now everyone is really happy.
“He’s done a nice couple of canters and a bit of light work.
“Ryan (Moore) has ridden him and we’re all on for tomorrow.
“I think now the emphasis has moved away from the issue and into the excitement of the event.”
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