header-logo header-logo

10 December 2025
Issue: 8143 / Categories: Legal News , Regulatory , Consumer
printer mail-detail

Test case on duty of care owed to problem gamblers fails to beat the odds

The bookies have won again, after the Court of Appeal dismissed property millionaire Lee Gibson’s case against Betfair for allowing him to keep betting until he lost more than £1.4m

Lee Paul Gibson v TSE Malta (trading as Betfair) [2025] EWCA Civ 1589 concerned the question of whether Betfair knew or ought to have known Gibson was a problem gambler in the ten-year period up to 2019 when he lost the money. Gibson argued Betfair owed him a duty of care and should have taken appropriate steps to stop him and, by failing to do so, breached the Gambling Commission’s Licence Conditions and Code of Practice.

Gibson claimed, alternatively, that if Betfair breached the code then the gambling contracts were illegal and void, therefore allowing him to claim against Betfair in unjust enrichment.

At trial, the judge held Betfair did not owe a duty of care, and rejected the argument Betfair ought to have known Gibson was a problem gambler. The judge highlighted the fact Betfair made enquiries at the time about whether Gibson could afford his losses and Gibson reassured them he was wealthy with a large property portfolio. Therefore there was no breach of the Gambling Commission code. Moreover, the judge held no causation of loss had been established because, if Betfair had stopped him, Gibson would have gambled elsewhere.

Dismissing Gibson’s appeal this week, Sir Colin Birss, giving the lead judgment, rejected the premise that Betfair knew or ought to have known about his problem gambling.

Sir Colin noted evidence at trial that Gibson could afford his bets, satisfied Betfair’s anti-money laundering checks, and presented as ‘calm, level-headed and rational’.

In obiter dicta, Sir Colin agreed with the judge that the void gambling contracts argument would ‘lead to chaos’, stating it would ‘allow a losing gambler to avoid paying his gambling debts irrespective of any vulnerability and irrespective of whether the breach of the licence conditions was of any relevance to the bet in question. Such a result would be entirely contrary to the policy of the [Gambling Act 2005] which, so it seems to me, is that in general gambling debts are enforceable’.

Issue: 8143 / Categories: Legal News , Regulatory , Consumer
printer mail-details

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll