Luke Ashton, a 40-year-old from Leicester with a gambling disorder, took his own life in April 2021 after falling £18,000 into debt. His widow is now taking Betfair to court in a landmark case that could have far-reaching consequences for the UK gambling industry.
Legal Claim Details
The claim, filed on Thursday, alleges that Betfair was negligent for failing to intervene as Ashton's losses mounted, thereby breaching its duty of care. Success would establish for the first time that a betting operator owed a duty of care to customers showing signs of problem gambling.
Ashton placed thousands of bets with Betfair and received promotional "free" bets from the company. Despite signing up for temporary exclusions three times, he returned to betting each time they ended, losing £21,777 over three years. In March 2021, while furloughed during the pandemic, he placed over 1,000 bets and lost £5,500.
Betfair's Defense
In a defense submitted to the high court, Betfair, part of Flutter, denied owing Ashton any duty of care. The company argued that Ashton did not inform them of his gambling disorder and that his losses were due to his own contributory negligence and external mental health factors. Betfair also claimed that rigorous safer gambling checks were in place and that Ashton would have lost money with another operator if not with them.
Damages Sought
The Ashton family is seeking £846,478 in damages, including the money Betfair made from Luke and financial losses such as his future earnings. Lawyers from Leigh Day aim to establish Betfair's duty of care.
Previous similar claims against gambling firms have failed. If successful, this case could pave the way for millions in new claims against the UK gambling industry, which earned over £12bn from British customers last year. An estimated 1.4 million adults in Britain have a gambling problem, according to a 2023 study for the Gambling Commission.
Coroner's Criticism
In 2023, a coroner criticized Betfair for its role in Ashton's death, stating that more efforts to intervene should have been made. Ashton had volunteered for a six-month self-exclusion in 2017 and opted out of promotional material from Betfair Exchange, but the opt-out did not cover other parts of the Betfair website and app, where he participated in free bet and cashback offers from 2018 to 2021.
The inquest heard that Ashton left notes for his wife and children mentioning gambling and admitting he had "demons."
A Flutter spokesperson expressed condolences but declined further comment due to ongoing legal proceedings.
For support, contact Samaritans in the UK and Ireland at 116 123 or jo@samaritans.org. In the US, call 988 or text HOME to 741741. In Australia, Lifeline is 13 11 14.
