ON APPEAL FROM BARNSLEY COUNTY COURT
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE WILSON
LORD JUSTICE TOULSON
| GARY CLOSE
|- and -
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The Respondent appeared in person
Hearing date: 12 October 2010
Crown Copyright ©
Lord Justice Toulson:
"4. Now, at a fairly early stage I referred the claimant to two Acts of Parliament which were current then, but which have been repealed from September 2007 by the Gambling Act of 2005.
The first of these Acts of Parliament is the Gaming Act of 1845. Section 18 says:
"All contracts or agreements, whether by parole or in writing, by way of gaming or wagering shall be null and void."
So that seems fairly clear and straightforward, although there are a number of other lines dealing with matters which I do not think arise here.
Then there is the Gaming Act of 1892. In Section 1 it says:
"Any promise expressed or implied to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by the Gaming Act of 1845…"
And then there is a little bit I will leave out:
"…shall be null and void."
5. The case today illustrates why Parliament, all those years ago, decided to make agreements or arrangements about betting or gaming null and void. In other words, that they could not be sued on. It was because inevitably, there are large differences of view about what has happened, what the original agreement was and so on and so forth, and Parliament took the view that the time of the court should not be taken up with trying to resolve those difficulties."
"13 …But at the end of the day what does all this come to? It is a squabble about betting and gaming. That is exactly what Parliament was addressing in those two Acts of the 1800's; such agreements, arrangements, are null and void. They do not amount to anything, so they cannot be sued on."
"Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by the Gaming Act 1845 or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such contract, or of any services in relation thereto or in connexion therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money."
Lord Justice Wilson:
Lady Justice Arden: