The Court of Appeal\’s decision to upheld a ruling in favour of William Hill has scuppered the British Horseracing Board\’s plans for the future funding of racing through the sale of data rights.
The BHB had no valid database right on pre-race information, such as lists of runners and riders, since it had not made a sufficient substantial investment in creating the database.
Currently, the levy system, under which bookmakers return a percentage of their profits to the sport, provides the bulk of racing’s funding and has been guaranteed until 2009.
Lord Donoughue and the Future Funding of Racing Review Group have been charged by the Government to identify an alternative method of funding to replace the levy system, which has been in place for 40 years. The group expects to report by the end of November.
In the meantime, a group of Irish bookmakers will challenge the BHB’s data charges in the Dublin Commercial Court seeking repayment of three years’ fees already paid, amounting to more than £40m.