Judge Finds Insufficient Evidence to Support Plaintiff’s Allegations of Negligence

By John Isaac,
Editor at online-gambling.com

John Isaac Editor at online-gambling.com

John Isaac is an editor with many years of experience in the gambling industry. He writes expert articles on card games like blackjack and poker. In addition, he is also well aware of the US gambling laws and the Indian and Dutch gambling markets. You can rely on verified information and insightful details.

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Last updated: May 1, 2023

A British paper recycling tycoon named Scott O’Brien sued high-end bookmaker Star Sports for failing to stop him from abusing gambling and for permitting him to play excessively. O’Brien alleged that employees at the bookmaker in Mayfair were aware of his gambling addiction but nevertheless let him wager over ￡400k and lose about ￡100k. According to O’Brien, this went against the business’s social responsibility code provisions, which are necessary for its licensing.

O’Brien said that after selling his paper-recycling company for ￡9 million in 2012, his gambling habit got out of hand. Even though he claimed not to enjoy it, he admitted that he was powerless over his gambling. O’Brien said that he notified staff member Gemma Mehmet about his issue and suggested that the firm should fire him. He also disclosed that he had a history of addiction and had spent 10 months in treatment after making one suicide attempt.

O’Brien stated that he had alerted someone at the sportsbook about his issue, but Christopher Gillespie, an attorney for Star Sports, refuted this assertion. He insisted that there was no basis for the personnel to believe O’Brien had a gambling addiction. The tycoon had the option to self-exclude from Star Sports, but he chose not to, according to Gillespie.

What Was Gillespie’s Statement?

Gillespie claims that O’Brien presented himself as a very successful businessman who lived in Knightsbridge, had a driver, looked sharp, and belonged to affluent social groups. O’Brien didn’t frequent the sportsbook much, going there around 17 times over the course of about six months, which ruled out any obsessive tendencies. O’Brien’s success betting against the bookmaker up to his final day of wagering on March 30, 2019, was also questioned, according to Gillespie.

Judge Heather Baucher dismissed O’Brien’s assertion that he disclosed his problem gambling to staff when he first started going to Star Sports, noting that his evidence had failed to prove that he was even a problem gambler at the time. The claimant was not a problem gambler, and he did not disclose this to Ms. Mehmet, she wrote. Up until March 30, nothing had let them know that the claimant had a gambling problem.

O’Brien had plenty of opportunities to withdraw from StarSports if he had an issue, but he didn’t, according to Baucher. The court said that O’Brien’s practice of betting did not show signs of compulsiveness. According to Baucher, the terms of the Star Sports social responsibility code were not violated.

Bookmakers in the UK Required to Have Social Responsibility Policies to Aid Problem Gamblers

An estimated 430,000 individuals in the UK struggle with gambling addiction. Financial troubles, relationship problems, and mental health issues can result from gambling addiction. Licensed bookmakers in the UK are required by the Gambling Commission to have policies in place to recognise and assist people who may develop gambling issues.

Self-exclusion is one of these techniques, which enables people to prevent themselves from using a bookmaker or gambling website. However, some companies have been stripped of their licenses for failing to properly implement self-exclusion features on their sites. Additionally, bookmakers must keep an eye on how their clients bet in order to spot any potential problem gamblers and take appropriate action. If bookmakers violate the terms of the Commission’s social responsibility code, the Commission may take enforcement action.