The High Court refused an application by Clipper BCS LLP and Steven Parkin for an order moving the stallion Sands of Mali to another stud while their ownership dispute with Joseph Foley and Ballyhane Limited proceeds to trial.
In a judgment delivered on 11 February 2025, Mr Justice Nolan said the plaintiffs had not shown the strong case required for mandatory interim relief. The competing accounts of how the stallion was acquired and what ownership arrangement followed could not be reconciled on affidavit, and would have to be resolved at trial. The ruling did not determine who owns the stallion.
The plaintiffs say they paid the purchase price and own the stallion outright. They say the defendants were entitled to half of the net stud income under a profit-sharing arrangement, but had no ownership interest. They also raised concerns about accounting, record keeping and the stallion’s welfare.
The defendants say Foley acquired the stallion and later agreed to give the plaintiffs a 50 per cent interest. They rely on the parties’ dealings, a text message, records and statements from people familiar with the purchase. They say the horse should remain at their stud and that any loss could be compensated with damages.
The judge said the arrangement was clearly disputed and the plaintiffs’ account was not supported by evidence strong enough to justify the requested order at this stage. He also found damages an adequate remedy for any loss relating to the disputed fees or ownership. He rejected the argument that the evidence about other horses established a health risk to Sands of Mali at the defendants’ stud.
The court directed that the stallion remain there until the action is heard. The defendants must allow a vet nominated by the plaintiffs to examine him at least every six weeks, with the arrangements to be agreed between the parties. If they cannot agree, either side may return to court for directions.
The defendants must also account to the plaintiffs for the stallion’s income and expenses on an ongoing basis; the judge said monthly accounts were preferable. The court will give directions on the close of pleadings and discovery. The matter was listed for mention before the judge on 20 February 2025 at 10am.