Gambling Operator Ordered To Pay-Out 1.7m Despite Game Defects Reaffirms Why Clear T&C’s Matter
In April 2021, the High Court granted summary judgment in favour of Mr Green, a customer of Betfred who sought recovery of £1.7m in winnings to which he claimed to be entitled. Betfred argued that they were not obliged to pay Mr Green because the winnings arose from a game defect, and the terms of the contract between them excluded their liability to him in those circumstances.
Whilst the case in question relates to a defect in an online casino game, it serves as a valuable reminder for all companies contracting with consumers of the dangers of not drafting consumer terms in compliance with consumer law. The judgment highlights the importance of clear drafting, the need for onerous or unexpected clauses to be adequately signposted and brought to a consumer’s attention, and need for terms in consumer contracts to be fair and transparent.
This article delves into the following:
- The facts and background of the case and the relevant issues that arose
- The findings of the court with respect to the following questions:
- Was the wording of the exclusion clauses adequate to exclude liability to pay out winnings for the glitch which occurred?
- Did the exclusion clauses form part of the contract between Betfred and Mr Green?
- Were the exclusion clauses enforceable as a matter of consumer law against Mr Green?
- Key Takeaways for all companies contracting with consumers
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Anna is a partner in the Commercial Department at CMS with a particular focus on the gambling, media and technology industries. Her expertise encompasses gambling, e-commerce, data protection, advertising and consumer protection regulation and sponsorship and media rights exploitation.