15th Aug 2014
CLIVE FREEDMAN SUCCESSFULLY REPRESENTS THE RITZ IN GAMBLING CLAIM
Clive Freedman QC, instructed by Sarah Rees of Blake Morgan LLP, acted for the successful Claimant the Ritz Hotel Casino in its highly publicised High Court action against Nora Al-Daher.
In giving judgment for the Ritz, His Honour Judge Seys Llewellyn QC rejected a defence under the Gambling Act 2005. The Judge held that there had been no provision of unlawful credit contrary to section 81 of the Act. Further, the Judge rejected the case that Mrs Al-Daher was a gambling addict and the contention that the Ritz owed her a duty of care to protect her from the consequences of her alleged addiction. Accordingly, a counterclaim of negligence was dismissed.
The case is of interest as regards the meaning of ‘credit’ in the context of gambling in a casino. It also contains interesting observations to the effect that a court will not strike down a contract as being illegal where to do so would be disproportionate: applying the Court of Appeal decision in ParkingEye Ltd v Somerfield Stores Ltd  Q.B. 840.
Please click here to see the judgment in full.
The case generated extensive interest both in the UK and overseas. Please find some links below: