Hillside (New Media) Ltd v Baasland & Ors [2010] EWHC 3336 (Comm) (20 December 2010)

Hillside (New Media) Ltd v Baasland & Ors [2010] EWHC 3336 (Comm) (20 December 2010)

Any claim by the defendant is governed by English law, not Norwegian law; under English law, there is no liability in tort or contract for gambling losses suffered by the defendant; there is no real prospect of the defendant succeeding in any claim; summary judgment for a negative declaration is appropriate.

Citation
[2010] EWHC 3336 (Comm)
Parties
Claimant: Hillside (New Media) Limited; First Defendant: Bjarte Baasland; Second Defendant: BET365 International N. V.; Third Defendant: Hillside (Gibraltar) Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2010
Procedural Posture
Civil (commercial Court) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant; negative declaration made.
Legal Topics
Choice of Law, Jurisdiction, Negligence, Implied Terms, Strict Liability, Online Gambling, Declaratory Relief
Private International Law Contract Law Tort Law Gambling Law Choice of Law Jurisdiction Negligence Implied Terms +3 more

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Parties

Hillside (New Media) Limited

Claimant

Bjarte Baasland

First Defendant

BET365 International N. V.

Second Defendant

Hillside (Gibraltar) Limited

Third Defendant

Procedural Posture

Civil (commercial Court) / Summary Judgment Application

Legal Issues

  1. 1 Whether English or Norwegian law governs claims arising from online gambling losses by a Norwegian customer of an English gambling company
  2. 2 Whether the claimant is liable in tort or contract for the defendant's gambling losses
  3. 3 Whether a duty of care or implied contractual term exists requiring the gambling operator to protect a problem gambler

Ratio Decidendi

Any claim by the defendant is governed by English law, not Norwegian law; under English law, there is no liability in tort or contract for gambling losses suffered by the defendant; there is no real prospect of the defendant succeeding in any claim; summary judgment for a negative declaration is appropriate.

Court Disposition

Summary judgment granted for the claimant; negative declaration made.

Orders

  • The claimant is not liable to the first defendant or his assignees or any person claiming through or under him in tort or otherwise, for any loss or damage that the first defendant may have suffered by reason of or arising out of his activities as a customer of the claimant between January 2005 and August 2008...