Tattersalls presents case in non-payment dispute with trainer Tom George

A case brought by Tattersalls against Tom George and bloodstock agent Alex Elliott over the trainer's refusal to pay for a horse he found had wind problems began in Mayors and City of London Court on Monday.

The case is due to last for three days and relates to the purchase of , bought for 90,000gns and signed for by Elliott at the Autumn Horses In Training Sale on October 30, 2019 from Mick and Janice Mariscotti. He was consigned by Andrew Balding, for whom he made ten starts.

The court heard there was no pre-purchase veterinary inspection or declaration of wind issues. Lariat was said to have failed a test carried out by two vets from the Newmarket Equine Hospital on the day of the sale.

After arriving at George's yard, Lariat was allegedly deemed "unfit for National Hunt racing" by one veterinary surgeon after an endoscopic exam on November 4 and the following day, another vet signed a certificate to be sent to Tattersalls assessing Lariat's wind – as he was found to suffer from a degree of laryngeal hemiplegia, a condition that restricts airflow.

Under Tattersalls' terms and conditions, a horse bought from the sale is returnable if they show signs of "whistling" or "roaring", which are noises associated with the often performance-limiting condition.

If the purchaser claims a horse is returnable they must provide a vet's certificate but this was not accepted by the vendor. Tattersalls then referred Lariat to a panel of three independent vets who carried out a resting endoscopy and exercised the horse.

Lariat was deemed not to have made an inspiratory noise when he was galloped up Warren Hill on November 6, 2019, but was rated three to four – out of five (the most severe cases) – by two of the vets, with one scoring him four on the Lane scale during a resting endoscopy, which tests for laryngeal hemiplegia, which affects the upper airway in horses. Because he showed no signs of a respiratory issue during exercise, he was not deemed returnable.

In his opening remarks on Monday, Edmund Nourse QC, representing Tattersalls, said: "Even those buyers with the deepest pockets can't be sure their outlay will be justified when buying a horse. There's no guarantee a purchase will be successful or wise. As such, horses are sold 'as they stand', without warranties."

He later added: "Mr [Tom] George has bought under these terms more than once before. He would have been perfectly happy with the terms if it had gone the other way. He would also have been justifiably furious if Lariat was returned despite not satisfying the terms of the sale agreement."

Tattersalls marketing director Jimmy GeorgeCredit: Edward Whitaker

A number of claimant factual witness were called, including Tattersalls marketing director Jimmy George and the three vets who formed the wind-testing panel. During his lines of questioning, Tom George's defence pointed out the results of Lariat's endoscopy.

The combination of a wind test and a resting endoscopy has been in place since 1985 and was described as a "very good way of doing it" by Dr David Dugdale, a witness from Newmarket Equine Hospital.

Tattersalls paid the vendor and stabled Lariat before his subsequent sale in February 2020, when consigned by Jamie Railton and sold to Shamrock Thoroughbreds/Syndicate Racing for 32,000gns. He has since made 21 starts for Adrian McGuinness and runs on Wednesday.

The case continues on Tuesday and will include expert evidence and testimony from the defence's factual witnesses, including George.

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The Front Runner is our latest email newsletter available exclusively to Members' Club Ultimate subscribers. Chris Cook, a three-time Racing Reporter of the Year award winner, provides his take on the day's biggest stories and tips for the upcoming racing every morning from Monday to Friday