Arena Racing Company (“ARC”) and The Racing Partnership (“TRP”) have today reacted to the judgment of the Court of Appeal in the case of TRP, ARC and Arena Leisure v Sports Information Services (“SIS”).
TRP has succeeded in overturning the original Judge’s decision that SIS was not liable for an unlawful means conspiracy.
The Court of Appeal has found in favour of TRP’s (the claimants) appeal that SIS is liable for an unlawful means conspiracy in the breaching of the terms and conditions of betting exchanges by creating prices using the exchanges, and has not altered the original Judge’s finding of breaches of confidence by the Tote in the distribution of ARC’s key Raceday Data triggers.
The Court of Appeal also found that the Tote’s provision of data to SIS for a fixed odds betting service, as opposed to the legitimate use for pool betting service, had the consequence that, for the time such provision for the fixed odds was made, the Tote committed the unlawful act of trespass.
The Court also found that while the key Raceday Day Data triggers remain confidential, SIS did not, and could not reasonably be expected to, know. SIS’ appeal on that point was therefore successful.
David Thorpe, Chairman of Arena Racing Company commented, “No doubt the lawyers will work on the exact ramifications of a complex set of judgments but the key fact is that the Court of Appeal has found SIS liable for unlawful means conspiracy and significant damages flow.”
Arena Racing Company (“ARC”) is the largest racecourse operator in the UK.
ARC is made up of the following sixteen racecourses: Bath, Brighton, Chepstow, Doncaster, Ffos Las, Fontwell Park, Great Yarmouth, Hereford, Lingfield Park, Newcastle, Royal Windsor, Sedgefield, Southwell, Uttoxeter, Wolverhampton and Worcester.
In addition to racecourses ARC owns Newcastle, Nottingham, Sunderland and Perry Barr Greyhound Stadia and looks after the media interests of the Greyhound Media Group (“GMG”).
ARC runs four of the six all-weather racecourses in the UK offering three different types of surface for horses to run on: Polytrack at Lingfield Park, fibresand at Southwell Racecourse and tapeta at Newcastle and Wolverhampton Racecourses – the only tapeta racing surfaces in Europe.
In 2013 ARC pioneered the All-Weather Championships which see horses compete throughout the winter for the chance of qualifying for a £1 million Finals Day on Good Friday at Lingfield Park. This initiative is helping raise the profile and prestige of all-weather racing in Great Britain.
ARC hosts racing at all levels of the sport from Class 7 through to Group 1s. Doncaster Racecourse is home to the world’s oldest Classic, the Pertemps St Leger, run each year in September as part of the four-day St Leger Festival as well as the final Group 1 of the year in Britain, the Vertem Futurity Trophy. Feature jumps races include the Grade 1 Betfair Fighting Fifth Hurdle at Newcastle Racecourse, the Coral Welsh Grand National at Chepstow Racecourse and Midlands Grand National at Uttoxeter Racecourse.
As well as racing, ARC also operates a hotel at Wolverhampton Racecourse, a hotel, spa resort and golf course at Lingfield Park and The Border Minstrel public house at Newcastle Racecourse in the grounds of Gosforth Park. The Hilton Garden Inn Doncaster Racecourse opened in September 2018.
ARC is a significant shareholder in the horseracing TV channel Sky Sports Racing which is broadcast on the Sky platform to c.14 million homes.
ARC plays a pivotal role in British Racing. It is a shareholder in British Champions Series and Racecourse Data Company; a signatory to a British Horseracing Authority’s and Horsemen’s Group Prize Money Agreement; and on the boards of the Racecourse Association (“RCA”), Great British Racing (“GBR”) and British Champion Series (“BCS”).
In 2015 ARC set up The Racing Partnership. This limited company represents the media rights of the 16 ARC owned-racecourses and the five independent racecourses Fakenham, Hexham, Newton Abbot, Plumpton and Ripon.
Further information about ARC can be found at www.arenaracingcompany.co.uk.