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05 August 2015
Issue: 7664 / Categories: Legal News
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Gambler’s luck runs out

Buinessman fails to escape liability for £2m debt at Ritz Casino

A man who lost £2m at a casino failed to escape liability for his debt because he could not prove his gambling addiction.

Wealthy businessman Safa Al Geabury indulged in a “frantic gambling spree” at the Ritz Hotel Casino on 19 February 2014, signing a £2m cheque for roulette chips. His request for a further £5m in credit was refused. He did not honour the cheque, and claimed he is a gambling addict who had, in 2009, asked to be banned for life from a range of casinos through a voluntary self-exclusion (VSE) agreement. Al Geabury claimed in court that an agreement for life could not be terminated.

The Ritz sued him for the unpaid sum plus interest, which was running at £438 per day.

He counterclaimed for £3.4m, or £5.4m if he was deemed liable for the cheque, with the argument that the Ritz unlawfully breached the terms of its licensing agreement by allowing him to game.

However, Mrs Justice Simler ruled against Al Geabury, in Ritz Hotel Casino v Al Geabury [2015] EWHC 2294 (QB).

Expert evidence and analysis of his gambling records brought before the court demonstrated that he had no gambling addiction.

Simler J said he: “Failed to establish that he had any gambling disorder at any material time and ultimately accepted that he never told any of the casino staff about any such problem. He was the author of his own misfortunes.” There was no general duty of care and no negligence, since the casino could not reasonably have known he was a problem gambler.

She added that the facts of the case were “highly unusual and unlikely to be repeated”.

The Ritz Club said in a statement that it was “committed to ensuring the strictest standards of care towards both our customers and staff at all times”.

Issue: 7664 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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