High Court judge to rule on Kieren Fallon ride

A HIGH Court judge is deciding whether top jockey Kieren Fallon can ride in tomorrow's Investec Derby at Epsom.

Mr Justice MacDuff, sitting in London, has been urged to grant an injunction by the owners of Native Khan, which would prevent Fallon taking part in the classic event. They claim three-time Derby winner Fallon has broken a "promise" to ride their horse and should be prevented from riding another in the race.

Fallon, who attended the court for yesterday afternoon's hearing, denied breach of contract and said there has been an "innocent misunderstanding".

Lawyers for owner Ibrahim Araci argued that he had been "badly let down" by Fallon, who is set to ride Recital at the weekend. The judge will give his ruling this morning.

Meanwhile, The Queen's Carlton House is set to take his place after showing positive signs following an injury scare. Connections of the colt, trained by Sir Michael Stoute, issued an upbeat bulletin last night after the three-year-old showed no ill-effects after a four-furlong canter in Newmarket. "We are pleased to report that Carlton House did a good exercise and he is very much still on target for Saturday's Investec Derby," said Her Majesty's racing manager John Warren.

Thirteen horses have been declared for the Classic.