A woman showjumper from Malpas whose dream of Olympic stardom was shattered when her ride was taken from her and handed to a ‘higher profile’ rider has won a £60,000 payout.

Top three-day eventer Emily Gilruth had done an ‘amazing job’ in training and riding Ashdale Cruise Master, a ‘very talked about horse’ in showjumping circles, between 2006 and 2009.

The pair clinched a series of tournament wins and Mrs Gilruth was ‘in the running’ for a place in the British equestrian team in the run up to the 2012 Olympics.

But Henry Harding - the owner of the horse, also known as Splash - took the ride away from her in September 2009.

Emily Gilruth from Threapwood has won a £60,000 payout for having her Olympic dreams shattered
Emily Gilruth from Threapwood has won a £60,000 payout for having her Olympic dreams shattered

Mrs Gilruth, now a mother of two, was pregnant with her daughter Scarlett, now five, at the time and was heartbroken.

Mr Harding told her he thought the horse had a better chance of making the Olympic squad if ridden by someone ‘with a higher profile’.

Splash was later moved out of Mrs Gilruth’s stables and delivered to the yard of top horseman, Oliver Townend, a member of the British team.

Mrs Gilruth, of Threapwood, instantly took legal advice to see if she could ‘compel’ Mr Harding to allow her to continue riding Splash.

When she was told that was not possible, she sued him for damages for breach of contract instead.

County Court ruling

In October last year, a judge at Chester County Court ruled that Mr Harding, of Whitchurch, had breached his deal with the horsewoman.

Mrs Gilruth was awarded £42,500 damages, plus interest, taking the payout to £60,000.

Mr Harding challenged that decision at the Appeal Court - but three senior judges have now rejected his case and left him facing a hefty legal costs bill.

Louis Browne, for Mrs Gilruth, said she had entered into a contract with Mr Harding when she began training with Splash in 2006.

The deal stated that no other rider would be allowed to compete on the horse without her say-so, she told the court in London.

Penalty for terminating contract

The penalty for terminating the contract was set at 25% of the increase in value of Splash brought about by Mrs Gilruth’s training efforts.

Mr Browne said that it was arguable that Splash had been worth £750,000 at his peak.

However, following an expert valuation, Mrs Gilruth accepted that the horse was worth about £200,000 when Mr Harding broke up their partnership.

It was agreed that Splash had been worth just £30,000 when Mrs Gilruth began working with him.

Mr Harding denied both breach of contract and the value of the horsewoman’s claim.

Horse had 'nil value' claim

He contended that Splash had ‘a nil value’ when Oliver Townend took over the ride, despite the new pairing enjoying much success together.

Mr Harding argued that, because Splash was eventually put down due to a problem with his lungs, his value at the end of 2009 was negligible.

On appeal, his lawyers argued that Mrs Gilruth’s payout ought to be reduced to £30,000, saying that £200,000 was an over-valuation.

A veterinary examination on sale would have discovered problems with Splash’s back which would have led to his value to any purchaser being drastically reduced, they claimed.

Appeal rejected

However, rejecting the appeal, Lord Justice Tomlinson said it was not open to Mr Harding to challenge the expert valuation evidence.

He told the court: “On 29 September 2009, Mr Harding informed Mrs Gilruth that he wanted to terminate their agreement.

“He had come to the view that the horse had a better chance of getting a place in the Olympic squad if ridden by a rider with a higher profile.

“Oliver Townend, a member of the British team was chosen.

“Mrs Gilruth and Splash were in the running for a place in the British team and she was upset.

“But she realised, having taken legal advice, that she could not compel Mr Harding to let her compete on the horse.

Breach of contract

“Understandably, she decided to concentrate on enforcing her damages claim for breach of contract.

“It was thought by Mr Harding that the horse would have a better chance of gaining a place in the Olympic team under Mr Townend.

“There was no suggestion at this stage that Mr Harding or his wife had any concerns about the horse’s health. The horse continued to take part in competition successfully.

“This is a case where Mr Harding simply did not accept the evidence of the joint expert.

“It is not open to Mr Harding at this point to challenge the opinion of the single joint expert.

“The judge was in my view amply entitled to come to the conclusion that he did”.

Lord Justices Sullivan and MacFarlane agreed that Mr Harding’s appeal should be dismissed.

Neither Mrs Gilruth nor Mr Harding attended the Court of Appeal hearing.