Summary
Where a bookmaker assumes responsibility to exclude a compulsive gambler from telephone betting with that bookmaker, the duty does not extend to preventing gambling elsewhere or with other bookmakers. The assessment of loss must reflect the scope of the assumed duty and the claimant’s probable position had the breach not occurred. It may therefore take account of losses which would probably have been incurred through other gambling. A claimant cannot recover the same overall harm merely because particular bets would not have been placed but for the breach. The case also confirms that a temporary commercial agreement to terminate betting does not ordinarily create fiduciary obligations, and that contributory negligence must reflect both blameworthiness and causal potency.
Factual background
Mr Calvert, a pathological gambler, asked William Hill to close his telephone betting account and exclude him for six months. An employee assured him that this would occur, but the exclusion was not implemented. Mr Calvert subsequently incurred substantial gambling losses with William Hill and claimed damages for negligence, fiduciary breach and loss of a chance.
Briggs J rejected a general duty to protect problem gamblers but found a narrower assumed duty, while holding that the losses would probably have occurred through other gambling. The appeal concerned the scope of the duty, causation and loss, proposed amendments alleging fiduciary liability and loss of chance, and contributory negligence.
Held
- Appeal dismissed. The court assumed, without deciding the respondent’s contingent arguments, that William Hill had assumed a limited tortious duty to implement the assurance that Mr Calvert would be excluded from telephone betting for six months.
- The scope of the duty was critical. William Hill had not undertaken to prevent Mr Calvert from gambling generally, or from gambling in betting shops, on the internet or with other bookmakers. The court treated duty, causation and recoverable damage as a composite question. A claimant cannot select particular losses and require the court to ignore other consequences falling within the scope of the assumed responsibility.
- Applying the principle in Livingstone, the court had to assess the position in which Mr Calvert would probably have been absent the breach. The judge was entitled to conclude that he would have continued gambling elsewhere and would probably have suffered financial and social ruin in any event. The negligence altered the manner and rate of the harm, but did not increase its aggregate amount. The case was therefore not analogous to Reeves: the claim failed because of the scope of the duty and the proper quantification of loss, not because Mr Calvert’s gambling broke the chain of causation.
- Permission to amend the claim to allege fiduciary obligations was refused. A fiduciary relationship requires an undertaking to act for or on behalf of another in circumstances of trust and confidence, with an obligation of loyalty. The telephone conversation contemplated commercial disengagement, not a continuing relationship of trust and confidence. There was no sufficient basis for superimposing fiduciary obligations on the limited common-law duty.
- Permission to amend to plead loss of a chance was also refused. The case had been conducted at trial on the balance of probabilities, the judge had not made the findings required for a loss-of-chance assessment, and remittal would cause additional delay, cost and complexity contrary to the overriding objective.
- The contributory-negligence discussion was conditional because the appeal failed. The claimant’s pre-existing pathological gambling, which prompted William Hill’s assumption of responsibility, would not itself justify a reduction. Continued gambling during periods of clarity, when other steps could have been taken, would justify a reduction. If recovery had otherwise been available, 30 per cent would have been appropriate.
The court’s approach to earlier authorities
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Appellate history
- Court of Appeal (Civil Division) — appeal dismissed; the court upheld the result reached below and refused the proposed amendments.
- Chancery Division — Briggs J, in [2008] EWHC 454(Ch), rejected a general duty of care but found a narrower assumed duty; the claim nevertheless failed because the losses would probably have occurred in any event.
Appeal route
- Appealed from[2008] EWHC 454(Ch)This appealappeal dismissed
- This judgment [2008] EWCA Civ 1427 Court of Appeal (Civil Division)
Key cases cited
21 authorities cited.
- Corr (Administratix of The Estate of Thomas Corr (Appellate) v Ibc Vehicles Limited [2008] UKHL 13
- Her Majesty's Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Appellants) [2006] UKHL 28
- Gregg (FC) (Appellant) v. Scott (Respondent) [2005] UKHL 2
- Chester (Respondent) v. Afshar (Appellants) [2004] UKHL 41
- Fairchild v Glenhaven Funeral Services Ltd (Babcock International Ltd v National Grid Co plc, Dyson v Leeds City Council, Fox v Spousal (Midlands) Ltd, Matthews v Associated Portland Cement Manufacturers (1978) Ltd, Pendleton v Stone & Webster Engineering Ltd) [2002] UKHL 22
- Kuwait Airways Corporation v Iraqi Airways Company and Other Kuwait Airways Corporation v Iraqi Airways Company and Other (Consolidated Appeals [2002] UKHL 19
- Reeves v Comr of Police of the Metropolis [2000] 1 AC 360
- Environment Agency (formerly National Rivers Authority) v Empress Car Co (Abertillery) Ltd [1999] 2 AC 22
- Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd (Smith New Court Securities Ltd v Citibank NA) [1997] AC 254
- Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd (BNP Mortgages Ltd v Goadsby & Harding Ltd, BNP Mortgages Ltd v Key Surveyors Nationwide Ltd, United Bank of Kuwait Plc v Prudential Property Services Ltd, South Australia Asset Management Corpn v York Montague Ltd) [1997] AC 191
- Caparo Industries plc v Dickman [1990] 2 AC 605
- George v The Home Office [2008] EWCA Civ 1068
- Jebson v Ministry of Defence [2000] 1 WLR 2055
- Barrett v Ministry of Defence [1995] 1 WLR 1217
- Galoo Ltd v Bright Grahame Murray [1994] 1 WLR 1360
- Kirkham v Chief Constable of the Greater Manchester Police [1990] 2 QB 283
- March v Stramare (1991) 171 CLR 506
- Maclaine Watson & Co Ltd v International Tin Council [1988] Ch 1
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Livingstone v Rawyards Coal Company (1880) 5 App Cas 25
- Alexander v Cambridge Credit Corporation Ltd
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Cases citing this case
7 later cases · 3 positive · 2 neutral · 2 caution
Most senior citing decisions:
- Lee Paul Gibson v TSE Malta LP (t/a Betfair) [2025] EWCA Civ 1589 mentioned
- Mark Grogan v IG Index Ltd [2026] EWHC 1998 (Ch) followed
- Quinn v IG Index Ltd [2018] EWHC 2478 (Ch) applied
- The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2016] EWHC 2381 (Ch)
- The Ritz Hotel Casino Ltd v Al Geabury [2015] EWHC 2294 (QB)
- Less & Anor v Hussain (Rev 1) [2012] EWHC 3513 (QB)
- Bank of Tokyo-Mitsubishi UFJ, Ltd & Anor v Baskan Gida Sanayi VE Pazarlama A.S. & Ors [2009] EWHC 1276 (Ch)
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