
Originally Posted by
carjaw
The example reminds me of the case of Graham Calvert and his allegation that William Hill is responsible for his 2 million pounds gambling debt. A compulsive gambler who lost more than £2 million in a 5month betting spree lost again when the High Court threw out his claim for compensation and damages from the bookmaker William Hill. Graham Calvert, 28, a greyhound trainer, had argued that the company had failed in its "duty of care" towards him by allowing him to carry on betting and even to open a credit account after he had asked it to stop taking his money under its "self-exclusion" policy. It was a test case followed by bookies up and down the land who feared that a successful claim would open the floodgate to similar actions from out-of-pocket punters. However, the judge, Mr Justice Briggs ruled that the bookmaker owed Graham Calvert no duty of care despite the self-exclusion policy. The judge said that although William Hill did agree to exclude Mr Calvert from telephone gambling and failed to take reasonable steps to do so, pathological gambling would still probably have led to his financial ruin, but over a longer period of time. In a summary of his ruling, Mr Justice Briggs said: "William Hill’s failure to take reasonable care to exclude him from telephone gambling . . . did not therefore cause Mr Calvert any measurable financial or other loss."
Mr Calvert sued William Hill after he said that he had lost not only money but also his wife, health and livelihood. His lawyer, Anneliese Day, told the judge that William Hill should be held liable because it failed to operate its own policy. Calvert was hoping to establish in law for the first time that bookies do owe a duty of care in his circumstances. The scale of Calver's gambling was "staggering" — he had lost about £347,000 on one bet alone when he backed the US to win the 2006 Ryder Cup. Calvert ended up borrowing money to fund his habit, was an accomplished greyhound trainer who ran the family business from a farm in Co Durham. He was once "comfortably well off" and had been involved in gambling for most of his life.
Interestingly, between the years 2000 and 2005 he made £50,000 a year profit from gambling. William Hill described it as "a victory for common sense" and that there was no case to answer to Calvert and that no duty of care was owed to him in this instance.
For me - the PhD student - my point is - the Government or the Gambling Commission / the regulators should do more to protect problem gamblers; in particular, that the gambling industry should deal with problem gamblers in a unified manner. And of course, thisis the issue central to my study. Also, the current system, in which each operator has its own stand-alone social responsibility policy, may not go far enough to deal with problem gambling effectively. Should all operators agree that when there is a problem - they are going to act responsibly?
Oh dear - I am sure this post will rile somebody - but it is not meant to - I try to understand where you are coming from - can you agree to disagree with me and my dreadful survey but now see where my study is aiming to go?
Yes?
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