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Supervisory jurisdiction

In Fallon v Horseracing Regulatory Authority [2006] EWHC 2030 (QB) a case in which a well known jockey challenged a decision of the defendant's predecessor as the body responsible for regulating horse racing, Davis J held that "it is well established that a decision of a body such as the HRA cannot be challenged by judicial review proceedings. But it is equally well established that the High Court retains a supervisory jurisdiction over such decisions, and the approach to be adopted is essentially that which the Administrative Court would adopt in public law cases." (para 12). The correct approach to be adopted by the court in the exercise of this supervisory jurisdiction was laid down by the Court of Appeal in the two cases of Bradley v Jockey Club [2005] EWCA Civ 1056; [2006] ISLR, SLR-1 and Flaherty v The National Greyhound Racing Club Limited [2005] EWCA Civ 117; [2006] ISLR, SLR-8.
Per Stadlen J in McKeown v British Horseracing Authority [2010] EWHC 508 (QB).

 

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