THE High Court has ruled that Sands Of Mali should remain at Ballyhane Stud until a full trial resolves the dispute between Joe Foley and Steve Parkin over ownership of the stallion.

Sands Of Mali, a Group 1 winner who has stood at Ballyhane Stud since 2021, had his first runners in 2024. He had 17 winners from 45 runners, placing him second in the European first crop sires list in prize money won.

Foley says that Sands Of Mali is owned 50-50 by his Ballyhane Stud and Parkin’s Clipper Logistics. He says he negotiated the purchase of the horse himself out of trainer Richard Fahey’s yard for £225,000 plus VAT.

Parkin says he owns 100% of the stallion which he now values at £3 million and wanted to remove the horse from Ballyhane Stud and locate it at Starfield Stud where another of his stallions, Space Traveller, is based.

Both parties took legal action last spring and this case came before the High Court late last year and again in January. Aware that the breeding season was due to start soon, Justice David Nolan said he would not delay in making a decision on which party should have custody of the stallion and that decision arrived this week.

In his judgment, Justice Nolan ruled that Parkin’s legal team failed to establish a strong case for mandatory relief, which is required for an order of this nature. He noted that while Parkin provided the funds for the purchase, significant evidence—including a stallion sale agreement, industry records, and statements from third parties—suggests Foley’s claim to a 50% interest is credible.

The judge found that the case involved a fundamental dispute over ownership, which should be determined at a full trial.

He rejected the plaintiffs’ claim that a lack of proper paperwork proved full ownership, pointing out that both parties had worked together for over a decade under informal arrangements.

He ruled that damages, rather than an injunction, would be a sufficient remedy if Parkin’s side eventually proved full ownership.

To address welfare concerns raised by the plaintiffs, the court ordered that a veterinarian of their choosing be allowed to examine the stallion every six weeks.

Ballyhane Stud must also provide detailed financial accounts of the stallion’s earnings and expenses on a monthly basis.

Foley told The Irish Field: “I had a queue of breeders waiting to book in mares to him once the uncertainty over where he was standing was removed. He’s limited to 140 mares and is on track to have a full book.”

The case will now proceed to a full trial, where the court will ultimately determine the stallion’s true ownership.