Rachel Flynn

Rachel Flynn is a Partner at Keystone Law, where she specialises in employment law and the horseracing and equine sector. In relation to the latter, Rachel has acted for the Thoroughbred Breeders’ Fund, the Racing Foundation, the European Breeders’ Fund and many other participants in the racing and breeding industry. Additionally, Rachel was a founding member of Women in Racing. Rachel’s expertise in the sport sector has been recognised by Chambers and The Legal 500, which highlights her as a ‘key lawyer’ within Keystone Law’s sports team and notes that ‘Flynn is a go-to name in equine sports, working on contractual and employment arrangements’.[1]

1. When did your interest in sports law begin?  

When it became evident that it was possible to have a professional career as a lawyer while being involved in the horseracing and breeding industry. Or more accurately when my father (himself a lawyer) pointed out that this might be a possibility if I went to university, worked hard, kept my nose clean etc! I’m not sure that anyone (me included) really believed it would happen.

2. How has your practical experience in horseracing impacted your career? 

In so many ways. I am currently involved in horseracing as an owner, breeder and occasional work rider, my husband Rae Guest is a licensed trainer. I have previously worked as a member of stable staff and have ridden (and won) races as an amateur jockey. My clients know that I genuinely understand the industry. That helps immeasurably to understand their motivation and aspirations and helps me manage their expectations about the likely outcome of any particular course of action.  

3. Please can you tell us more about working as a lawyer in the equine industry? How does it differ to working as a lawyer in other industries?  

There is the range of work that comes with all businesses and all people – employment law, property, private client, contracts, commercial, business sales and acquisitions, personal injury etc; and then there are some more specialist areas that take some knowing. These include the regulatory framework within which licensed individuals and others work in horseracing and the specialist issues that arise in the breeding and bloodstock industry, often including bloodstock sales.

My role is often as first point of contact for prospective clients and then working alongside other specialist Keystone lawyers. I concentrate on my main areas of employment law and specialist horseracing and breeding work; I will look after relationships but not dabble in areas of law I do not know about. Keystone works well for me as there are around 400 experienced lawyers to call on in their own specialist areas, or from whom to get a second opinion.    

4. Please can you describe an interesting case that you have worked on?  

There are many contractual advice arrangements involving the horseracing and breeding industry that are very interesting because of the inventiveness and commerciality of the parties.

One of the more memorable involved an Australian client who had purchased the southern hemisphere breeding rights to a stallion. The stallion had a successful first season on the racecourse in the UK and was then apparently not fit to travel to the southern hemisphere (which was disputed by our client’s veterinary team). The stallion was in quarantine ready to go, when my client was served with an injunction preventing them from putting the horse on the plane to Australia. One missed flight later, a great deal of determination from my client, and ultimately the UK party withdraw their claim and were obliged to allowed the horse to travel.

This was interesting in that one begins to appreciate the significance of the windows that are available to move horses around the world for breeding in different time zones, given the quarantine requirements and practical considerations like suitable flights. All the time while keeping the horse’s health and wellbeing paramount.

5. Are there any legal changes that you would like to see implemented in horseracing (or related industries)? 

There are some areas of law that are difficult to explain to clients. First, horses are goods and so impacted by the general law on the sale of goods, which simply does not take into account the fact that they are living beings whose health and rideability can change overnight with a change of care/regime. Second, there is no automatic lien and power of sale for stable owners who are left with unpaid bills and someone else’s horse to look after. Third, in the licensing arena, I would like to see pre-trainers licensed by the British Horseracing Authority. There seems to be a lacuna here.

6. What advice would you give to aspiring sports lawyers? 

Become the best lawyer you can be, even if you aren’t focusing on sports yet. Be disciplined and make it your business, learn to be commercial and then you will be in demand and have choices. Be passionate about and understand your chosen sport.

7. Please can you describe a typical day in your life? 

Every day is different but, typically, roll out of bed and before I know it I have mucked out Hugo, my riding horse. A quick cup of coffee and then I am either riding in or watching our first string of racehorses exercise on Newmarket Heath from 6.45am. Second lot same again and by then it is 9am and my lawyering day starts, usually at my laptop though sometimes from Keystone Law’s Chancery Lane office or with my clients. Work through the day for as long as it takes dealing with client work, sometimes there is time to ride Hugo in the afternoon. Mercifully with Keystone Law there is little or no time spent in internal meetings and absolutely no partner politics. It’s a great firm to work for.

[1] https://www.legal500.com/c/london/tmt-technology-media-and-telecoms/sport/