UK court dismisses claim against gambling firm by family of man who died by suicide
London's High Court on Friday dismissed a lawsuit brought against Betfair by the family of a man who took his own life, rejecting their argument that the gambling company owed him a duty of care in a closely watched case for the industry. The family of Luke Ashton, 40, who died by suicide in April 2021, alleged Betfair encouraged him to gamble and that this worsened a gambling disorder, causing or materially contributing to his death. Betfair denied the claims.
Judge Jonathan Swift dismissed the case, ruling the duty of care proposed by the family did not arise. "There is no sufficient evidence to support the conclusion that Mr Ashton did suffer from gambling disorder and that being so, no possible basis on which the requirement for foreseeability could be met," the ruling said.
The family sued TSE Malta, the holding company for Flutter which owns the Betfair, Paddy Power and Sportsbet brands, alleging negligence by the betting firm. At a hearing in June, lawyers for Ashton's widow, Annie Ashton, argued that Betfair created or perpetuated the risk of harm through actions "including the design and operation of an addictive gambling product and the provision of inducements and free bets".
The court heard that Ashton had gambled thousands of pounds and lost substantial sums. In messages left for his wife and children before his death, he said his "mental health (was) all over the place" and that "gambling was just the straw that broke the camel's back". Betfair argued that previous English court rulings had found gambling operators owed no "general duty to protect problem gamblers from the consequences of their actions".
"While we welcome the court's ruling, this is a tragic case and we once again offer our sincere condolences to Mrs Ashton and her family," a Flutter UKI spokesperson said. Britain's gambling industry has faced growing calls for higher taxes and tighter regulation to tackle addiction, as betting has become more widespread and easier to access via smartphones.
Finance minister John Healey last month announced an increase in Machine Games Duty, a tax on the net takings from some slot machines, in his annual budget. Gambling companies warned ahead of the budget that higher taxes could lead to job losses in a sector already dealing with tax increases announced last year.
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