THE Irish National Bookmakers Association [INBA] is facing total legal expenses of up to €2 million following this week’s Court of Appeal ruling in favour of Dundalk Stadium.

After 10 years in the courts, the dispute was brought to an apparent close with a verdict which found that the bookmakers who vacated their Dundalk Stadium pitches when the all-weather track opened in 2007 were not entitled to compensation.

In 2007 Dundalk asked the bookmakers to each pay €8,000 for their pitches in the betting ring.

The bookies refused to pay, claiming the pitches they held at the venue when it was a turf track remained valid.

Two years ago the High Court ruled in favour of three bookmakers – Pat O’Hare, John Hughes and Francis Hyland – who brought test cases against Dundalk on behalf of a group of 30 layers. That judgement awarded over €120,000 in compensation between the three bookmakers in respect of lost earnings but that was overturned this week.

The Court of Appeal judges – Justices Mary Finlay Geoghegan, Michael Peart and Mary Irvine – set aside the awards.

They agreed with the original verdict that Dundalk Stadium remained in substance the same racecourse as it was before the all-weather track was installed, and so the bookmakers were entitled to their pitches.

It was also agreed that Dundalk had no right to charge the bookmakers the €8,000 contribution but the appeal judges did not agree with the bookmakers’ decision to cease trading at the racecourse. They held that if the bookmakers had taken up the pitches, they would have suffered no loss except for the payment of the €8,000 contribution for which they could have later sued.

An appeal by Dundalk for damages suffered as a result of the bookmakers’ illegal boycott was dismissed, as was an appeal by Pat O’Hare against the High Court’s refusal to grant him an injunction ordering Dundalk to allocate him his original pitch.

PERVERSE

Francis Hyland, secretary of the INBA, described this week’s development as “a perverse judgement but not totally disastrous”.

He said: “The Court of Appeal held that the pitch rules are a legal contract between the racecourse and each bookmaker, which is very significant.

“They also agreed that Dundalk had acted illegally. We won the liability but we lost on mitigation. It’s disappointing not to get any damages. That’s the law, but it’s not justice.”

A court ruling on costs is scheduled for Friday, June 30th unless the two parties agree a deal in the meantime.

Hyland said: “Our senior counsel Bill Shipsey is away at the moment and the courts are shut for two weeks. We will take time to reflect on the judgement.”

Neither the INBA nor Dundalk Stadium would comment on costs but a well-placed source told The Irish Field that both sides are likely to have spent over €1 million each on legal fees over the past 10 years. The INBA will have already paid its own costs.

The betting ring at a typical Dundalk meeting attracts between 10 and 15 bookmakers and is heavily influenced by one major off-course operation.

Those bookmakers who have declined to bet at Dundalk since 2007 remain free to return there but they have lost their seniority and must join at the end of the line.