CL-2023-000064 - [2025] EWHC 1870 (Comm)

I will not set out all of the facts which have been agreed in this regard; just those which seem to me most salient.

The BHA is a private company limited by guarantee without share capital and is not a public body or established by statute. It is the independent governing body and regulator for horseracing in Great Britain. It is responsible for licensing, permitting and registering those who participate in the sport, including trainers, jockeys, agents, valets and racecourses. Licensed members of the BHA are required to comply with the BHA’s Rules of Racing in order to remain licensed, permitted or registered.

The objectives of the BHA per its Memorandum of Association include:

“(1)

To be the governing, administrative and regulatory authority for the sport and industry of horseracing in Great Britain and to govern, regulate, promote, administer and organise horseracing in Great Britain in every way in which the Company shall think necessary and desirable.…

(4)

To formulate and approve and administer and co-ordinate the fixture policy for race meetings (including programme content) and the dates upon which individual racecourses may from time to time hold race meetings under the Rules of Racing and to compile and vary in accordance with the Rules of Racing (by suspension, transfer or cancellation) an annual list of such fixtures.”

Chapter A, Functions and Powers of the BHA, Rules 9 and 10 provide:

“9 The BHA shall fix the dates on which all Race Meetings are to be held.

10

The BHA may:

10.1

cancel any meeting, fixture or Race;

10.2

alter the date of any meeting, fixture or Race;

10.3

supervise or make such alterations to the programme of any meeting or conditions of any Race;

10.4

order the transfer of any Race Meeting or Race to another Racecourse with or without existing engagements; or

10.5

elect to divide Races.”

If necessary, the BHA may order the abandonment of any race or race meeting.

The Rules of Racing provide that “a racecourse cannot stage a Race without having a Licence permitting it do so issued by the BHA”. The BHA may grant, refuse, withdraw and suspend licenses. Rule 26, Chapter L, of the Rules of Racing enables the BHA to impose fixed penalty notices (i.e. fines).

Paragraph 16 of the Arena Racing Corporation terms and conditions (which are incorporated into sales of tickets or entry badges for race days) expressly provides:

“16.

Abandoned or Delayed Racing and Other Events Affecting Racing

16.1

Race fixtures and races may be abandoned or held behind closed doors at any time by the Operator or in accordance with directions from the British Horseracing Authority and any successor body, the police or other emergency services. Fixtures and races may also be delayed, abandoned, or held behind closed doors in other circumstances beyond our reasonable control…”

The GBGB is a private company limited by guarantee without share capital and is not a public body or established by statute.

By its incorporation in 2008, the GBGB became the single self-regulator for licensed greyhound racing.

The objectives of GBGB per its Memorandum of Association include:

“3.2.1

to be the governing, administrative and regulatory authority for licensed greyhound racing in Great Britain and to govern, administer, regulate, organise, develop and advance licensed greyhound racing in Great Britain in every way in which the Company shall think necessary or desirable; …

3.2.3

to make publish, adopt and amend (as is necessary in conjunction with the licensed greyhound racing industry) and provide advice on the Rules of Racing and to do the same for other rules and regulations (whether general or otherwise) and directions for the proper conduct and regulation of the practice and procedure of licensed greyhound racing, races and greyhound training and to take all steps as the directors shall deem reasonable for the communication and enforcement thereof…

3.2.5

to be responsible for the licensing and, for the purposes of ensuring compliance with any and all licences issued by the Company, the inspection, of greyhound racecourses, including, but not limited to, their managing executives, track officials and other personnel, as and where appropriate…

3.2.26

to conduct, organise, promote, regulate and manage any races and other competitions…”.

The GBGB is the official regulatory body for greyhound racecourses in Great Britain and is responsible for ensuring that its licensed racecourses comply with its Rules of Racing. Where a greyhound racetrack is not regulated by the GBGB, its operator is required to apply for and obtain a welfare licence from the Department for Environment, Food & Rural Affairs via their local authority, as required by the Welfare of Racing Greyhounds Regulations 2010. However, where tracks are regulated by a body that has UKAS accreditation such as the GBGB, they are exempt from that licensing requirement. The Government has expressed the view that there would be no need for regulation if not for the independent tracks “as a UKAS accredited GBGB would be able to effectively self regulate the industry”.

Section 2 (Licensing), Rule 5 of the GBGB Rules of Racing provides that:

“i The GBGB may grant a licence to a person nominated by the Executive of a Racecourse, who will be known as the Authorised Representative of that Racecourse (subject to paragraph 5(ii)). The sole purpose of granting such a licence is for the conduct of greyhound racing staged through a series of race meetings.”

Rule 4A provides inter alia:

“i)

The GBGB, acting as appropriate through the Greyhound Regulatory Board or the Disciplinary Committee shall have power; …

b)

to grant Licences with or without conditions, to make general directions to Licence holders as they may think appropriate, to grant registrations, and to make directions to Local Stewards…”.

The GBGB Disciplinary Authority has the power to impose fines and/or withdraw a licence.