If you have suffered gambling losses after you asked to self-exclude can you seek legal redress?
Gambling losses can be crippling. Unfortunately the options for seeking legal redress are limited. However, where people who have asked to self-exclude are allowed to continue gambling and go on to suffer loss exceeding £10,000 then we may be able to claim compensation on a No Win, No Fee basis.
The law surrounding gambling is complex, but in general if the bookmaker or casino complied with its terms and conditions, it is unlikely that you will have a valid claim. The courts expect gamblers to take responsibility for their betting activities and in order for them to intervene and order financial compensation there must be clear wrongdoing on the part of the company.
One of the limited circumstances where compensation might be available is where you have suffered gambling losses after you asked to self exclude. However, even where there has been self-exclusion the courts will continue to adopt a cautious approach. For instance in the case of Ritz Hotel Casino Ltd V Safa Abdulla Al Geabury (2015) the court ruled that a casino’s provision of credit to a gambler who had previously entered into a self-exclusion agreement, but which had been revoked at his request and with his assurance that he did not have a gambling problem, was lawful. The gambler was required to honour a cheque which he had signed in exchange for gambling chips.
It is often assumed that the law will step in and order that gamblers be compensated where the bookmaker or casino were aware that the gambler had a gambling problem. But that assumption is incorrect. In Ritz Hotel V Noora Al Daher (2014) the court declared that it would not be fair, just or reasonable to impose a duty of care on the casino on the basis that it had known that the member was a gambling addict. Nor is there any responsibility to prevent people from gambling very large sums of money that they cannot afford.
In another ruling involving self-exclusion, Graham Calvert V William Hill Credit Ltd (Court Of Appeal) (2008), the court ruled that the scope of the duty of care owed by a bookmaker who had failed to implement a telephone betting exclusion agreement entered into with a customer known or suspected of being a compulsive gambler did not extend to a general duty to prevent the customer from gambling. The quantification of the gambler’s losses flowing from the bookmaker’s breach of a limited duty could not ignore that he would probably have continued to gamble elsewhere and sustained the losses, regardless of the breach.
So if you have suffered gambling losses after you asked to self-exclude it may be possible to recover compensation for some or all of your losses. Claims of less than £10,000 should be dealt with through the small claims court or via the Gambling Commission. If your losses exceed £10,000 and you are interested in bringing a compensation claim then give us a call. We will review the case and tell you if it is a claim we can deal with on a No Win, No fee basis.
If you have suffered gambling losses after you asked to self-exclude, call us on 0808 139 1606 or send an email with details of your self-exclusion, your further gambling and your resultant losses to us at [email protected]