Online Casino is contesting jurisdiction, claim served on UK based PLC

[ShuntedPunter]

Hello- Please help me argue to have this case heard in the UK as Maltese courts are infamously biased in favour of casinos based there.

 

The story so far:

I deposited into Betfair.com, (when they were based in the UK)

I transferred my deposits to their casino, which was based in Malta.

I won a substantial sum of money in Betfairs casino, and transferred it back to the sports ac/ betfair.com (not casino)

They removed these funds and refused to repay them. (the real reason for this is they made a mistake on the promotion I took part in which made it far too generous and would end up costing them millions to pay out to everyone involved-google "betfair casino happy hour" if you wish to know more)

 

I have filed a claim, and it has got to the point where they are contesting jurisdiction.

Here is their reasoning from the Application notice for contestment of jurisdiction:

 

The defendant seeks an order that the courts of England and Wales have no jurisdiction over the dispute the subject of the claim ("Dispute"). his is on the basis that the Maltese law governs the Dispute, and the courts f Malta should have no jurisdiction over it.

 

The Dispute concerns a contract between the claimant and a Maltese-incorporated company, Betfair Casino Limited ("Contract"). In entering the Contract, the Claimant accepted that the promotion in which he participated and the casino product on which he played were operated by Betfair Casino Limited. He also accepted that the Contract would be governed by Maltese law and subject to the jurisdictions of the Courts of Malta.

 

The court has ruled that a hearing take place to decide the jurisdiction. I would appreciate any advice/opinioons you can offer regarding the case.

I am personally of the opinion that my claim is against the UK based Betfair.com, as they were whom my contract was with at the time of the removal of the funds which were taken from a UK based AC (betfair.com sports wallet), to pay off what was perceived to be owed to the Matese company, betfair casino. As such, English courts should hear my case. Does this sound like the correct argument in my situation?

 

Thankyou in advance,

 

ShuntedPunter

[raydetinu]

I did not think bets or winnings could be the subject of litigation?!

[ShuntedPunter]

No they definitely are enforceable, in England, under the 2004 gambling act.

 

PS. The debt would be upheld in a maltese court, if they decided there was a debt. This was clarified after a fairly recent case w w w DOT lga.org.mt/lga/content.aspx?id=229374

However, they (maltese courts) would likely rule in line with betfairs clause in their terms and conditions, which states they reserve the right to remove any winnings if they 'deem a player to be abusing their promotions', which, as it hinges solely on their opinion, can be applied to any case as they see fit and ergo is an unfair term.

Edited August 20, 2011 by ShuntedPunter

[raydetinu]

bit like insurance companies then, will do anything not to pay out.

Best of luck, hope you get somewhere; but I would not bet on it!

[perplexity]

c.f.

 

Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.