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ARTICLE · 09 AUGUST 2012

Spreadex v. Cochrane

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The English High Court has recently ruled that an online betting operator could not recover £50,000 on loss-making trades allegedly made by a customer's girlfriend's five year old son.

Isle of ManLitigation, Mediation & Arbitration

In a somewhat surprising decision (Spreadex v. Cochrane) the English High Court has recently ruled that an online betting operator could not recover £50,000 on loss-making trades allegedly made by a customer's girlfriend's five year old son. The case has important implications for the enforceability of terms and conditions for companies, especially gambling companies, offering their services online.

Facts of the Case

Mr Cochrane was a customer of Spreadex - a spread betting online operator. Mr Cochrane showed a five year old boy (his girlfriend's son) how to bet on the website, treating it as a 'game'. The boy subsequently went on the website without Mr Cochrane present and lost £50,000. Mr Cochrane explained the situation to Spreadex however, Spreadex claimed that Mr Cochrane would still be liable for the loss.

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