Betfair Wins Appeal as Court Dismisses £1.5m Loss Recovery Case
A UK court has rejected a former customer’s attempt to reclaim £1.5m in betting losses from Betfair.
LISTEN TO THIS ARTICLE:The Court of Appeal has upheld a High Court ruling that Betfair was not liable for the decade-long losses claimed by buy-to-let landlord Lee Gibson, finding the operator neither knew nor ought to have known that he was a problem gambler. The original claim, covering losses between 2009 and 2019, was dismissed by the High Court in November 2024, and that dismissal was affirmed by Chancellor of the High Court Sir Colin Birss, Lord Justice Popplewell and Sir Julian Flaux in 2025.
The judges concluded the trial judge had considered the evidence thoroughly and reached a reasonable finding that Betfair, at the relevant times, had no grounds to treat Mr Gibson as a customer with a gambling problem. Sir Colin Birss said: "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 court noted Mr Gibson had presented himself as financially able to absorb losses and had not used self-exclusion or provided verifiable disclosures that would have alerted the operator.
Gibson’s case argued that Betfair failed in its social responsibility duties and licensing obligations by not intervening despite what he described as escalating losses. He maintained that the operator should have identified signs of harm and imposed restrictions or offered enhanced support. Betfair, which operates under the Flutter Entertainment group, countered that its procedures at the time met regulatory expectations and that Gibson’s wealth and conduct did not trigger the thresholds for intervention.
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Court Decision and Evidence Thresholds
The judgment highlights the legal threshold claimants must clear to succeed in problem-gambling litigation. To prevail, a claimant typically must show not only substantial losses but also that the operator knew – or ought reasonably to have known – those losses were beyond the customer’s means or indicative of harm that required intervention. In Gibson’s case, the court accepted that routine affordability checks and the absence of external signs of distress meant Betfair was not on notice.
Evidence relied on by Gibson included anecdotal admissions he says he made in social settings and testimony about his spending pattern. The court found these admissions insufficiently corroborated and concluded they did not establish the objective triggers that would have required Betfair to act under its licence conditions and social-responsibility obligations at the time.
Industry observers say the ruling underscores the difficulty of bringing successful claims against operators for historical conduct, particularly where customers are high net worth and can pass standard affordability checks. It also raises practical questions for operators about how to identify harm among VIPs who may not display conventional indicators of financial stress.
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Regulatory and Industry Implications
Regulators such as the UK Gambling Commission require operators to take proportionate steps to identify and mitigate harm, but they also allow firms discretion where customers appear able to afford losses. That discretionary element has prompted calls from some campaigners and harm-prevention specialists for clearer mandatory intervention rules for high-stakes customers.
"This decision reinforces that courts will assess operator conduct against what was known at the time, not against hindsight", said Dr. Emily Carter, a gambling policy researcher. "Operators can and should strengthen monitoring of high-value accounts, but regulators must also provide clearer parameters so firms know when to escalate safeguards for VIP customers."
For operators, the ruling is a reminder to document affordability checks, communications and risk assessments thoroughly. For players and campaigners, it will intensify debate over whether the current regulatory framework adequately protects customers who can pass affordability processes despite experiencing harm.
Legal analysts expect the case to be cited in future disputes over operator responsibility and may influence ongoing conversations between industry, regulators and policymakers about tightening oversight of VIP treatment and mandatory protections for customers at risk.
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