Tattersalls to appeal over sale
Tattersalls, Europe's premier bloodstock auctioneers, expect to have their appeal heard in October after a High Court Master yesterday threw out their claim for £555,187 against high-profile owner and trainer, Ivan Allan.
The dispute centres on a year-ling Allan bought last October. He refused to pay the bill - 450,000gns for the yearling, plus VAT and interest - because the horse was sold privately on the eve of the auction to a third party and was therefore not the property of the vendor listed in Tattersalls' catalogue.
The High Court Master, who presides over procedural stages prior to trial, rejected Tattersalls' claim by citing their own rules. Clause 13 states any dispute arising from a sale lies between vendor and purchaser and that Tattersalls are "in no circumstances... liable for either party".
The judgement concluded Tattersalls' application could not proceed because "the grounds of dispute are that the identity of the true vendor is misleading and untrue".
But Richard Slade, of London solicitors Bracher Rawlins, endorsed Tattersalls' view that the court had "got it wrong". Although his clients have 14 days in which to register their appeal, he confirmed documents for that process were already being prepared today.
"Appeals against High Court Master rulings tend to be processed quickly. I would expect ours to be heard in October, after summer vacation," said Slade.
Allan, who trains in Hong Kong, accused Tattersalls of condoning "clandestine behaviour" and "thinking about their commission and nothing else". He believes a 'sting' was executed by persons unknown, with the yearling's original owner persuaded to undersell and then Allan's agent encouraged to pay an inflated price at auction.
