UK Court Dismisses Losses as Problem Gambling in Betfair Case

A bettor who tried to recoup almost £1.5 million in losses has failed in the Court of Appeal after attempting to sue the bookmaker Betfair.

Lee Paul Gibson accumulated the losses having placed more than 30,000 bets in a 10-year period. He argued that Betfair had breached its responsible gambling obligations and should have intervened to prevent further losses.

The property tycoon was unsuccessful in his original case last year, and the Court of Appeal dismissed his claim.

Experts agreed that Gibson had a gambling disorder by 2015, though in the original ruling, Judge Nigel Bird dismissed this, stating that Betfair had no knowledge or constructive indications of the disorder.

Gibson’s property income and constant assurance that he was comfortable with the amount he was betting misled Betfair to keep the account open.

Bird said: "The fact that he consistently satisfied AML [anti-money laundering] checks makes it impossible for Mr Gibson to argue that the size of his losses was, of itself, enough to raise reasonable concerns. 

“Indeed, even after the trial, there is no real suggestion that Mr Gibson could not afford his gambling."

When reviewing the judgment, the Court of Appeal declared that heavy losses and frequent betting were not enough to signal a gambling disorder. 

The judgment, overseen by Chancellor of the High Court Sir Colin Birss, stated: "I can see no justification for allowing the appeal against the conclusion that Betfair neither knew nor ought to have known that Mr Gibson was a problem gambler."

The landmark case is expected to be the first of many, with other high-stakes bettors likely to try and recover their losses. The definition of problem gambling and an operator's social responsibility can vary depending on the jurisdiction the operator works in, leaving cases like this somewhat ambiguous. 

Irish bettors should contact operators regarding responsible gambling tools and their own gambling behaviour as soon as they spot any potential signs to avoid possible confusion later down the line.