Gambling & betting claims and dispute specialists – contact our team now to identify your legal position.

BE REALISTIC:

If you didn’t ask the bookmaker to self-exclude, it is unfortunately unlikely that you have a good claim on the basis that they allowed you to gamble even very large sums of money, since the law does not require the bookmaker to check that you can afford to gamble such sums.

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Gambling claims: betting

Gambling and betting claims specialist solicitors acting for clients in online and on-site premises gaming disputes.

Solicitors here advise on betting disputes and claims for compensation for breach of duty of care by bookmakers and other gambling companies and represent clients in court claims relating to disputes.

Gambling JPEG

Top tips for claims against bookmakers 

1. Always check the bookmaker’s terms and conditions to see if they were entitled to act in the way that they have (e.g. disallow bets, refuse withdrawals etc.).

2. If the bookmaker is authorised to act in this way under its terms and conditions, it is unfortunately unlikely that you have a good claim.

3. You may have a good claim against a bookmaker if you asked the bookmaker to self-exclude, but it continued to allow you to place bets.

4. Your claim will be strongest if you asked the bookmaker to exclude you from the entire gambling industry, since it will then be more difficult for the bookmaker to argue that, even if it had excluded you, you would still have lost the same sums with another bookmaker.

5. If you did not ask the bookmaker to self-exclude, it is unfortunately unlikely that you have a good claim on the basis that they allowed you to gamble even very large sums of money, since the law does not require the bookmaker to check that you can afford to gamble such sums.

NEWS: Court of Appeal holds spread betting company not liable for customer’s losses. The Court of Appeal has held that very clear express words would be required to create a contractual obligation to protect another party from deliberately inflicting economic harm on itself. The case concerned a claim by a customer against a spread betting company. The company failed to close out the customer’s bets when it first had the option to do so under the customer agreement terms. Instead, the company left the bets open, at the customer’s request. The gambler’s losses when the bets were eventually closed were higher than they would have been had the bets been closed earlier. (Ehrentreu v IG Index Ltd (Rev 1) [2018] EWCA Civ 79) February 2018

Breach of contract claims

Wagers used to be a debt of honour which were unenforceable in the Courts.

Since the Gambling Act 2005 came into force, wagers are now enforceable.

This means that if you win a bet, action can be taken against bookmakers who refuse to pay out.

Claim for damages for breach of duty of care

Bookmakers regulated in the UK are expected to provide facilities to protect problem gamblers such as those who are unable to exercise self-control. Those facilities include, for example, self-exclusion.

If a bookmaker accepts wagers from a customer who has self-excluded he may have breach his duty and may have to pay damages to the customer as a result.

Action can therefore be taken against bookmakers for breach of their duty of care. This means that losses may be recovered.

NEWS: “Betting firms Ladbrokes, William Hill, and PT Entertainment have agreed to change online games promotions after pressure from the regulator. The Competition and Markets Authority (CMA) said punters must be able to cash out when they want, and not have to play more to release winnings. It said that “gambling firms must now stop unfair online promotions that trap players’ money”. The changes will apply to all promotions.” [BBC February 2018]

Knowing the relative strength of your claim provides a firm foundation for conducting negotiations going forward. Contact us now to identify your legal position.