Bradley v Jockey Club [2005] EWCA Civ 1056 (12 July 2005)

Bradley v Jockey Club [2005] EWCA Civ 1056 (12 July 2005)

The court's role is supervisory, not primary; the Appeal Board's penalty of five years' disqualification was proportionate given the seriousness and duration of the breaches, and the impact on the appellant's business does not render the penalty unlawful or disproportionate.

Citation
[2005] EWCA Civ 1056
Parties
Appellant/claimant: Graham Bradley; Respondent/defendant: The Jockey Club
Jurisdiction
England and Wales
Judgment Date
12 July 2005
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Restraint of Trade, Proportionality of Disciplinary Penalties, Supervisory Jurisdiction, Right to Work
Contract Law Sports Law Judicial Review Breach of Contract Restraint of Trade Proportionality of Disciplinary Penalties Supervisory Jurisdiction Right to Work

Case Brief

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Parties

Graham Bradley

Appellant/claimant

The Jockey Club

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the penalty imposed by the Jockey Club was disproportionate and unlawful restraint of trade
  2. 2 Whether the court's role is supervisory or primary in reviewing disciplinary penalties
  3. 3 Whether the disciplinary proceedings were conducted fairly and lawfully

Ratio Decidendi

The court's role is supervisory, not primary; the Appeal Board's penalty of five years' disqualification was proportionate given the seriousness and duration of the breaches, and the impact on the appellant's business does not render the penalty unlawful or disproportionate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded in favour of the respondent