Lee Feldman & Anor v Gambling Commission

Lee Feldman & Anor v Gambling Commission

The court found that reporting the specified aspects of the civil trial would create a substantial risk of prejudice to the criminal proceedings, as evidenced by the positions of HMRC and CPS and the precedent set by the Entain order. The procedural requirements for the RRO application were met, and no lesser restriction would eliminate the risk. The RRO was strictly necessary and proportionate, affecting only a narrow aspect of the trial, and the degree of risk was not tolerable given the competing interests. Accordingly, the RRO was granted.

Parties
Claimant: Lee Feldman; Claimant: Kenneth Alexander; Defendant: Gambling Commission
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Civil / Pre Trial Review; RRO Application Determination
Outcome
Application granted; Restricting Reporting Order approved.
Legal Topics
Restricting Reporting Orders, Open Justice, Disclosure, Misuse of Private Information, Breach of Confidence
Media Law Civil Procedure Contempt of Court Restricting Reporting Orders Open Justice Disclosure Misuse of Private Information Breach of Confidence

Case Brief

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Parties

Lee Feldman

Claimant

Kenneth Alexander

Claimant

Gambling Commission

Defendant

Procedural Posture

Civil / Pre Trial Review; RRO Application Determination

Legal Issues

  1. 1 Whether a Restricting Reporting Order (RRO) under s.4(2) Contempt of Court Act 1981 should be granted to postpone reporting of aspects of the civil trial to avoid prejudice to pending criminal proceedings
  2. 2 Whether the procedural requirements for an RRO application have been met
  3. 3 Whether reporting would give rise to a substantial risk of prejudice to the administration of justice in criminal proceedings

Ratio Decidendi

The court found that reporting the specified aspects of the civil trial would create a substantial risk of prejudice to the criminal proceedings, as evidenced by the positions of HMRC and CPS and the precedent set by the Entain order. The procedural requirements for the RRO application were met, and no lesser restriction would eliminate the risk. The RRO was strictly necessary and proportionate, affecting only a narrow aspect of the trial, and the degree of risk was not tolerable given the competing interests. Accordingly, the RRO was granted.

Court Disposition

Application granted; Restricting Reporting Order approved.

Orders

  • Restricting Reporting Order under s.4(2) Contempt of Court Act 1981 postponing publication of any report of the civil trial referring to the contents of the Investigation Documents, CPS 2019 Case Summary, or other details relating to Operation Incendiary until after the conclusion of the criminal proceedings.
  • Order to be served directly on The Financial Times and via the Alert Service to the press.