The High Court had previously ruled in favour of the position of Betfair as supported by the Levy Board in July 2012, confirming the outcome of the extensive Consultation the Board itself undertook in 2010-2011. That Consultation clearly determined that customers of betting exchanges are not liable to pay the Horserace Betting Levy.
William Hill, whose online business remains Britain’s largest non-levy paying bookmaker, has decided not to seek leave to appeal today’s decision. It is liable for 50% of Betfair’s legal costs in defending the appeal, in addition to 25% of the costs of the initial hearing.
Martin Cruddace, Betfair’s Corporate and Legal Affairs Director said: "We are very pleased that our arguments have, yet again, prevailed in a unanimous verdict of the Court of Appeal and that winning customers, uniquely welcome at Betfair, now have this clarity. It is obviously sensible that William Hill have decided not to seek leave to appeal."
"It remains unfortunate that the seven figure costs incurred by the Levy Board in defending William Hill’s litigation have had a direct and significant impact on prize money. William Hill Online remains by far Britain’s largest non-levy paying bookmaker".