Levy v. Jackson [1903] ScotLR 40_832 (16 July 1903)

Levy v. Jackson [1903] ScotLR 40_832 (16 July 1903)

Neither the Act to Amend the Law concerning Games and Wagers 1845 nor the Gaming Act 1892 applies to Scotland, as their provisions, terminology, and enforcement mechanisms are exclusively tailored to England and Ireland, with no adaptation or reference to Scottish law or procedure.

Citation
[1903] ScotLR 40_832
Parties
Pursuer/respondent: Charles Levy; Defender/reclaimer: John Jackson
Jurisdiction
Scotland
Judgment Date
16 July 1903
Procedural Posture
Civil Action (recovery of Sums Advanced in Betting Transactions) / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome
appeal dismissed; court adhered to Lord Ordinary's decision
Legal Topics
Applicability of English Gaming Statutes to Scotland, Enforceability of Betting Contracts, Statutory Interpretation
Contract Law Gaming and Wagering Law Applicability of English Gaming Statutes to Scotland Enforceability of Betting Contracts Statutory Interpretation

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Parties

Charles Levy

Pursuer/respondent

John Jackson

Defender/reclaimer

Procedural Posture

Civil Action (recovery of Sums Advanced in Betting Transactions) / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Do the Act to Amend the Law concerning Games and Wagers 1845 (8 and 9 Vict. c. 109) and the Gaming Act 1892 (55 Vict. c. 9) apply to Scotland?
  2. 2 Is a claim for sums advanced in betting transactions recoverable in Scotland under statute or common law?

Ratio Decidendi

Neither the Act to Amend the Law concerning Games and Wagers 1845 nor the Gaming Act 1892 applies to Scotland, as their provisions, terminology, and enforcement mechanisms are exclusively tailored to England and Ireland, with no adaptation or reference to Scottish law or procedure.

Court Disposition

appeal dismissed; court adhered to Lord Ordinary's decision

Orders

  • Neither the Act to Amend the Law concerning Games and Wagers 1845 nor the Gaming Act 1892 applies to Scotland.
  • The pursuer's action is not excluded by these statutes.