Court rules in favor of Betfair in £1.5m VIP gambler dispute

[The Buzz]

A high-roller who lost £1.5 million gambling on Flutter-owned Betfair took the betting giant to court, claiming they failed to protect him from his own losses. The gambler argued that Betfair should have recognized his problem gambling and intervened.

However, last week the court sided with Betfair, stating that the company fulfilled its legal obligations and that adults are responsible for their own gambling choices.

This case highlights the tension between player responsibility and the duty of care gambling companies have towards their customers, especially those who spend large sums of money.

From law firm Wiggin LLP, via Lexology:

Yesterday’s judgment – which upholds a clear distinction between the applicable regulatory and contractual regimes – will be welcomed by operators as bringing clarity and further certainty to the law and the legal framework governing B2C contracts in this heavily regulated space.

Many operators, who are in regular receipt of cookie-cutter claims from opportunistic consumers represented by a small number of law firms, have been waiting for a case that confirmed the decision laid down in Calvert. It is confirmed that operators do not generally owe their customers a duty of care and the courts will not allow one to be established, particularly so soon after the recent review of the Gambling Act rejected the notion.

Moreover, the relationship enshrined in the Act between the industry and the Gambling Commission was confirmed in that the Court clearly stated where non-compliance is identified (which it wasn’t here), this did not in itself afford the consumer a course of action against the operator within the courts. Rather, this would be a matter for the “specialist regulator”.

Read more here: https://www.lexology.com/library/det...2-a711e8aede64