Jockey Club Racecourses obtained a permanent injunction in the High Court in March 2019 against persons unknown to prevent touting at Cheltenham Racecourse. This was a ground breaking case commencing with the obtaining of an interim injunction in October 2018. It has been highly successful in reducing the number of touts found on the Racecourse during race meetings from around 150-200 to a handful.
The cause of action was in trespass, based on a combination of reliance on the Racecourse’s terms and conditions, website postings and notices banning touting on JCR land at the Racecourse. The private law action in trespass was supported by a Public Spaces Protection Order imposed by Cheltenham Borough Council on the area of the town from the Railway Station to the Racecourse causing touting to be an offence. The case demonstrates the effectiveness of an injunction in preventing touting and is likely to be used by other racecourses and sporting venues in their constant battle against touts.
39 Essex Chambers barristers John Steel QC and Victoria Hutton represented JCR, instructed by Pinsent Masons LLP.
To see the full judgment, please click here.