A HIGH COURT judge in London has ruled that Kieren Fallon should be allowed to partner Aidan O’Brien’s Recital in tomorrow’s Investec Derby at Epsom, refusing to grant an injunction which would block the jockey from riding in the race.

The suit had been raised by the owners of Native Khan, another contender for tomorrow’s flat classic, who informed the court of a standing agreement that Fallon would ride their horse as  required and was therefore in breach of contract by opting to ride O’Brien’s colt.

“There is no doubting that an injunction preventing Kieren Fallon from riding in the premier classic, whatever his behaviour, would be severe,” said Justice Alistair MacDuff in rejecting the petition this morning, though he did give Native Khan’s owners leave to appeal his decision this afternoon.

Such an injunction would be, for one short day, a restraint of trade. The owners of Recital, who for all I know are innocent victims in this, would have difficulty getting a substitute jockey at such a late stage, certainly one of Fallon’s stature.

I also have in mind that the betting public to date have placed wagers in the belief that Recital would be partnered by Kieren Fallon. There is no doubt that his chances would be reduced with a different rider.

Johnny Murtagh will now take the ride on the three-year-old, winner of the Craven Stakes at Newmarket earlier this year.

Carlton House, owned by Her Majesty Queen Elizabeth II, looks set to start the race as favourite. Reports this morning suggest that the horse has fully recovered from an injury scare sustained during a piece of work earlier this week.