Tom George: Tattersalls test neither 'fair nor reasonable' in payment dispute

Tom George on Tuesday argued the wind test used by Tattersalls in disputes was neither "fair nor reasonable" when he gave evidence on the second day of a case brought against him by the auctioneers.

The trainer appeared in Mayors and City of London Court, alongside bloodstock agent Alex Elliott, over George's refusal to pay for Lariat, whom he bought for 90,000gns in the Autumn Horses In Training Sale on October 30, 2019 out of Andrew Balding's yard.

There was no pre-purchase veterinary inspection but Lariat was said to have wind issues when tested on the day after he had been through the sales ring, and further endoscopic tests carried out by numerous vets at George's yard revealed he suffered from a significant degree of laryngeal hemiplegia, which restricts airflow.

As stated in Tattersalls' terms and conditions, a horse is deemed returnable if they make a 'roaring' or 'whistling' noise associated with the condition within seven days of purchase and the purchaser provides a vet's certificate but this must be agreed with the vendor.

No consensus was reached so Lariat was referred to a panel of three independent vets who carried out a resting endoscopy and two of the vets graded him three to four – out of five (the most severe) – on the Lane scale, which measures the extent of laryngeal hemiplegia.

Lariat scores at Ayr in 2018 when trained by Andrew BaldingCredit: John Grossick (racingpost/photos.com)

One of the primary points of contention relates to the second test carried out by the vets on November 6, 2019. Lariat was exercised up Warren Hill but was said not to have made an inspiratory noise, so was not returnable.

The two-part test has been in place since 1985 and George pointed out in evidence how it differed from the practices at other big sales. He said people needed to be made "more aware" of the conditions but acknowledged he had not read them in the Tattersalls catalogue.

An email sent to Lariat's former owners Mick and Janice Mariscotti, which was sent by George and his wife Sophie in January 2020 and outlined the issues with the horse's wind, was presented at court. It was put to George he tried to persuade them to take the horse back.

The court also heard from Sophie George, who detailed discussions with several bloodstock agents following the sale, and Elliott, whom Tom George absolved of liability in his witness statement. He also described his "good relationship" with the bloodstock agent.

Tattersalls asserts Elliott, who signed for the horse and was aware of the returns process, is jointly liable for any potential costs, which have surpassed £100,000 with interest, but the agent is seeking indemnity.

In the afternoon, expert evidence was provided by Dr Bruce Bladon and Dr Madeleine Forsyth and centred on the relationship between respiratory conditions and the presence of inspiratory noises during exercise, as well as how laryngeal hemiplegia can limit performance.

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

The case enters its third and final day with closing statements on Wednesday but the judge said a verdict was unlikely to be reached on the day.

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