Betfair has been taken to the High Court by the widow and family of Luke Ashton in a case that could become a landmark test of whether betting firms owe customers a duty of care when signs of problem gambling emerge. The hearing began on 4 June and was expected to last around three weeks.
According to The Guardian, Ashton was 40 and from Leicester. He died in April 2021 after a gambling disorder led him to place thousands of bets with Betfair, and his family alleges the company was negligent because it failed to intervene as his losses increased.
Betfair has denied that it owed him any duty of care in its High Court defence. It says Ashton did not tell the company he had a gambling disorder and argues that his losses were caused by his own contributory negligence and external mental health factors. Flutter’s spokesperson said it could not comment further because of the legal proceedings.
Ashton had volunteered for a six-month self-exclusion in 2017. He later signed up for temporary exclusions from Betfair three times, returning each time they ended, and he had opted out of promotional material from Betfair Exchange, though not from promotions elsewhere on the site and app.
Between 2018 and 2021, he took part in several free-bet and cashback offers. After the exclusions, he lost £21,777 over three years, and in March 2021, after his gambling intensified while he was furloughed during the pandemic, he placed more than 1,000 bets and made a net loss of £5,500. Betfair’s promotional free bets also increased during that period, including in the month before his death.
The 2023 coroner criticised Betfair, saying more efforts to intervene or interact should have been made. The inquest also heard that Ashton left notes for his wife and children that twice mentioned gambling and admitted he had 'demons’. Next.io reported that Betfair had internally classified Ashton as a low-risk gambler and that the coroner found the company did not meaningfully interact with him between 2019 and his death. It also said the UK Gambling Commission decided in 2025 not to take further regulatory action, prompting a separate judicial review challenge by Annie Ashton.
Britain is also tightening gambling rules. On GOV.UK, the government said people at risk of gambling-related harm would be better protected under plans to update the betting rules for the digital age. The package includes stake limits of £2 to £15 per spin on online slots, a statutory operator levy to help fund treatment services and research, and a consultation on extra protections for 18-24-year-olds. Gambling Commission guidance says proactive interaction early enough can help someone keep control of their gambling and retain them as a customer rather than self-exclude or close the account.
The Ashtons are seeking £846,478 in damages, including money Betfair made from Luke and earnings he would have provided to his family had he lived. Previous similar claims seeking to hold firms liable for failing to prevent large losses by customers with a gambling problem have failed, but a successful case here would be the first to establish that a betting firm owed a duty of care to customers showing signs of problem gambling.
