Two court cases settled over allegedly contaminated horse feed

Two separate but related High Court proceedings over the supply of an allegedly contaminated horse feed ingredient have been settled.

In the first case Glanbia Foods Ireland Ltd claimed it had lost some €9 million as a result of having been supplied with the feed ingredient molasses which contained the performance-enhancing banned substance Zilpaterol. Kilkenny-based Glanbia, trading as Glanbia Agribusiness, sued ED & Man Liquid Products Ireland Ltd which supplied the molasses used by Glanbia in its Gain Equine Feed.

In October, 2020, the French horse racing authority, France Galop, announced five horses, and later another 13, had tested positive for Zipaterol. Glanbia claimed the source of the contamination was identified as molasses.

The defendant argued the matter should go to arbitration, rather than through the court process, in accordance with contractual dispute-resolution provisions.

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In the second case horse trainer Aidan O’Brien, his son Donnacha, and a number of companies sued Glanbia for €30 million over the supply to them of the alleged contaminated “Gain” feed.

Glanbia denied responsibility for the alleged losses and sought an indemnity from ED & F Man.

The proceedings were brought by the O’Briens, Linley Investments t/a Coolmore Castlehyde and Associated Stud Farms and Golden Dale Unlimited trading as Ballydoyle Racing.

They were also brought by Orpendale Unlimited Co, Chelston (Ireland) Unlimited Co, Wynatt Unlimited Co, Bengurragh Ltd, Roncon Unlimited Co and Whisperview Trading No 2 Unlimited Co which are corporate entities with shared ownership in a number of racehorses.

It was claimed that as a result of feeding Gain to the plaintiffs’ horses, a number of racehorses were withdrawn from the Longchamp Paris racing festival in October 2020 following the taking of urine samples from the animals prior to the races. It was claimed the plaintiffs suffered the loss of the opportunity to race and win prize money there.

One of the major consequences of the withdrawal was the loss of the breeding value arising from the horse Wembley, a son of major prize winner Galileo. This was because Wembley was deprived of attaining Group One winner status in the later Dewhurst Stakes race in Newmarket, it was claimed. This meant a loss of approximately €30 million in the breeding value of the animal had he been sold straight after a victory at Dewhurst, it was claimed.

On Friday Mr Justice Denis McDonald was told both sets of proceedings had been settled on agreed terms. An adjournment was sought for a month when a further application will be made to strike out the cases.

The judge said he was thrilled to hear the cases were resolved because they would have been lengthy and difficult. He was also glad to hear there had been mediation which helped greatly in the resolution. He congratulated the parties and said he would leave the cases in the list until next month and he noted the cases had been settled on confidential terms.