header-logo header-logo

Law reports: Negligence-Duty to take care-Existence of duty

01 January 2009
Issue: 7350+7351 / Categories: Features , Personal injury , Mental health
printer mail-detail

Calvert v William Hill Credit Ltd (2008) EWCA Civ 1427, (2008) ALL ER (D) 155 (Dec); Sir Anthony May P, Lloyd and Etherton LJJ, 16 December 2008

The claimant was a compulsive gambler. In May 2006, he started telephone betting with the defendant. In 2004, the defendant had formulated its own codes of practice for dealing with problem gamblers.

One approach was to offer a problem gambler a form of self-exclusion agreement. In June 2006, the claimant asked the defendant to exclude him from telephone gambling for six months as he was suffering from serious gambling problems. The defendant agreed, but failed to implement its policy successfully, and permitted the claimant to continue gambling.

During the six months from June 2006, the claimant suff ered financial ruin and a deterioration in his gambling disorder. He issued proceedings contending, that the defendant had negligently failed to implement its own policy, in breach of the duty of care it had assumed towards him.

The judge found that the defendant had assumed responsibility to implement its policy

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll