Lower betting costs expected after bookmakers’ dispute is settled

LEADING bookie Ivan Yates has said punters can expect lower betting costs “in due course” following the “fair and amicable” settlement of a multi-million euro dispute between 59 Irish bookmakers and the British Horseracing Board (BHB).

The row was about agreements under which the Irish bookies paid fees and entered into licences for access to a racing information database. The action was settled on the basis of the termination of the licence agreements and a once-off payment of €300,000 to the Irish bookies who will be able to continue to use the database until January 9 2006 when they hope to have an alternative information service. Both sides will pay their own legal costs.

The settlement was announced yesterday by Bill Shipsey SC, for the Irish bookies, to Mr Justice Peter Kelly on the third day of the High Court hearing. On the application of both parties, the judge struck out the action with no order for costs.

Afterwards, Mr Yates said the bookies were looking forward “to providing our customers with lower costs, there will be a direct benefit out of this in due course”. He said the bookies hoped to reach an agreement with Satellite Information Services in relation to a range of data services.

The case arose from the introduction in March 2001 by the BHB of a licensing policy under which users of a racing database - which includes information on registered horses, their owners, trainers and handicap rating - were required to enter into a licensing agreement with the board.

That agreement provided the bookmakers with information on a database to which information, the Irish side claimed, the BHB had no right. Three weeks ago, the BHB conceded this, the court was told.

It was argued that without the licence, bookmakers could not obtain race data and effectively could not operate. On that basis, they claimed, they had no option but to enter into the licence and did so under duress. They claimed the board said signing the licence would not prejudice their rights, including rights to have their fees repaid if a legal challenge to the licence arrangement by the English firm William Hill was successful before the European Court of Justice.

The Irish bookies claimed their use of the race data did not infringe any database rights and they did not require a licence to receive, display or use the race data.

On that basis, they claimed the agreements were void and they were entitled to repayment of all monies paid on foot of those agreements.

The BHB denied the agreements were void and pleaded they had to be construed in the context of the entire contractual arrangements relating to the provision of pre-race and other data held by the BHB.