Appeal Court Rules Against BHB The long-running battle between the British Horseracing Board and William Hill over the issue of data rights has ended with defeat for racing´s rulers.The case came to a conclusion at the Court Of Appeal this morning as Lord Justice Pill, Lord Justice Clarke and Lord Justice Jacob delivered their verdict.The judgement brings to an end a legal process that began back in 2000 when the racing authority initiated action against the bookmaking firm for using information extracted from the BHB database, specifically lists of runners and riders.The European Court Of Justice ruled that William Hill should not have to pay for using the final lists, but the BHB argued before the Court Of Appeal last month that the declarations should be seen as part of a larger process.Success would have enabled the BHB to continue with its plans to finance the sport and replace the existing Levy system by charging bookmakers for the use of such data.In outlining the reasons for their unanimous decision to allow William Hill´s appeal, all three judges admitted that while they had sympathy for the BHB´s case, guidance from the European Court of Justice was clear.Lord Justice Clarke explained: 'I am conscious that...I have agreed to allowing an appeal against a decision which I was inclined to think was correct when the case was last before the Court of Appeal in July 2001.'The reason for my change of view is of course the decision and reasoning of the ECJ.'The whole point of a reference to the ECJ was to ensure, so far as possible, that the relevant directive is construed in the same way throughout the European Union.'A further hearing later this afternoon is expected to confirm costs, with William Hill believed to have spent in the region of #800,000 on the case.However, the greatest cost to the BHB may yet be to come with existing contracts based upon the sale of data to bookmakers in Ireland and other countries.While the BHB have been advised by their legal counsel that these contracts remain valid despite today´s judgement, a forthcoming court case in Dublin could in theory force the BHB to return payments already received under the contract.BHB spokesman Alan Delmonte said: 'This is a disappointing result, a disappointment that will be felt across racing.'A statement from William Hill read: 'William Hill is pleased that the Court of Appeal has confirmed that the judgement of the European Court has found in its favour and allowed the appeal.'Whilst any future litigation remains at the call of the BHB, William Hill hope that the racing industry will now look forward to developing a valid alternative for the future funding of racing.' ? PA Sport
