Case winner queries the ability of Turf Club to fund appeal
THE Turf Club’s head of security, who won €300,000 in damages for defamation by the organisation, has queried its ability to fund the legal costs of its appeal.
Chris Gordon last year won his High Court case against the Irish Horseracing Regulatory Board (IHRB), previously known as the Turf Club. Mr Gordon successfully argued that it had orchestrated a campaign of slurs against him in a bid to remove him from his post.
The IHRB has appealed the award won by Mr Gordon, along with certain rulings made in the course of the trial and the subsequent judgment of High Court judge Bernard Barton, ordering it to pay Mr Gordon’s legal costs in full.
Judge Brian Murray, of the Court of Appeal, noted yesterday that Mr Gordon was now seeking security for the costs of the appeal, which would mean that the IHRB would have to provide a bond, or lodge cash into court, towards the legal costs the IHRB faces if it loses its appeal.
Judge Murray said the IHRB accepted it would not be able to pay the costs of the appeal if it loses.
‘Apart from the award against it of €300,000, it faces a liability for the full costs of the appeal which, the [High Court] action having lasted 30 days, will be substantial,’ the judge said.
The IHRB, whose income derives from a membership fee and a percentage of trainer’s winnings, had net assets of €252,173, according to its 2019 accounts.
Mr Gordon’s accountants have estimated his cost of defending the appeal at €250,000.
‘If it [the IHRB] loses the appeal, it will not be able to pay the costs together with the judgment against it and the costs ordered in the High Court,’ the judge said.
However, Judge Murray said security for costs could only be ordered in exceptional circumstances.
He said the Turf Club had argued that having to make such a deposit would stifle its ability to appeal, and that it had a right to appeal.
It added that its income had recently been adversely affected by the Covid-19 pandemic.
Because of this, Judge Murray refused Mr Gordon’s request.
The Court of Appeal earlier heard that Mr Gordon’s job included the investigation of the use of anabolic steroids and breaches of the rules of horse racing within the industry.
Mr Gordon argued at the High Court that defamatory statements were made during a campaign against him orchestrated by the IHRB. ‘He said that the object of this campaign was to have him removed from his post as head of security of the IHRB, and that each of the alleged statements presented him as a wholly dishonest individual who should not have been permitted to hold the position he did in that organisation,’ the judge said.
Mr Gordon was awarded €300,000, made up of general damages of €200,000, aggravated damages of €50,000 and exemplary damages of €50,000. The IHRB’s appeal will be heard at a later date.
‘Object was to have him removed’