America's Cup: Brits get a reprieve in the Knight-Fight
by Richard Gladwell, Sail-World.com/nz 31 Oct 06:00 PDT
Sir Jim Ratcliffe and Sir Ben Ainslie INEOS Team UK - Prada Cup Finals - day 4 - February 21, 2021 - Auckland © Richard Gladwell / Sail-World.com / nz
The legal battle between Sir Jim Ratcliffe and Sir Ben Ainslie has been set for a two-week trial in January 2028.
The good news for the defendant, Athena Racing, will have the use of the AC75, formerly INEOS Britannia, in the 38th America's Cup regattas. The Court will list a 14-18 day trial, commencing January 12, 2028.
An unpublished application by INEOS Racing for a trial of "certain preliminary issues", lodged on September 9, was dismissed in the Order released a week ago by Justice Andrew Baker of the Admiralty Court located in London. The Order was only made public on Friday.
In the five-page Order, Justice Baker set out a 28-item timeline of actions required to be undertaken by the parties, and deadlines, leading to the submission of the "trial bundle" of documents with the Court by January 11, 2028 - with the trial set to start the following day.
The trial will commence over six months after the conclusion of the 38th America's Cup regattas in which the Defendant Athena Racing will sail the AC75, over which ownership is a core issue in the bitter dispute.
Currently, the AC75, which will represent the Challenger of Record, the Royal Yacht Squadron Ltd, has been renamed "GB1" and is in the final stages of fit-out at the team base in Naples.
Legal costs incurred in the action, which is now set to stretch for just under two years, are expected to be awarded against the losing party.
The matter is one of four ongoing legal actions around the 38th America's Cup, taking place in three different countries and under four different judicial systems and processes.
The Arbitration Panel for the 38th America's Cup, which is responsible for hearing non-sailing America's Cup disputes, is not involved in any of the four actions.
The involved parties have chosen to pursue judicial resolution in two of the cases.
Another case, involving the compatibility of the new America's Cup Partnership with the provisions of the Deed of Gift, which governs the conduct of the America's Cup, is before the New York Attorney General.
A fourth case is being conducted under Arbitration in New Zealand, and a decision in that case is enforceable in the New Zealand Courts.