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 ofbreaches 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.”
