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10 December 2025
Issue: 8143 / Categories: Legal News , Regulatory , Consumer
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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
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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