High Court Dismisses Negligence Claim Against Betfair

On 13 November, High Court judge Jonathan Swift dismissed the negligence claim brought against Flutter's Betfair. The case was launched in 2024 by the family of Luke Ashton, who took his own life in 2021. The family argued that Betfair encouraged Ashton to gamble through its promotional activities and through product features they described as addictive.

The judge ruled that the special duty of care the family relied on did not exist in this case. He also said there was not enough evidence to show that Ashton had a gambling addiction, and that the foreseeability test had not been met. Betfair argued that gambling operators have no general legal duty to protect customers who are addicted.

The ruling conflicts with the June 2023 inquest conducted by coroner Ivan Cartwright. The coroner found that Ashton had suffered from a gambling addiction since at least 2019 and that this contributed to his suicide. The report also criticised Betfair's conduct, stating that there may have been missed opportunities to prevent the harm.

Annie Ashton, Luke Ashton's widow, is known as a gambling reform campaigner. After her husband's death, she brought a separate High Court challenge against the Gambling Commission's decision not to take action against Betfair. The ruling is seen as a setback for those who want to hold operators accountable through negligence lawsuits. In the United States, addiction lawsuits against FanDuel have so far produced no significant ruling in the plaintiffs' favour. In Sweden, a case brought by fashion designer Per Holknekt against Kindred was also dismissed in 2024.