Important decision on proper law of torts in relation to internet gambling

December 20, 2010

Internet gambling has thrown up some difficult legal issues.

The case of Hillside (New Media) Ltd v Bjarte Baasland & Ors (QBD CComm)(Andrew Smith) 20/12/2010) looked in particular at the proper law applicable to torts causing financial loss as a result of internet gambling.

In this case Bajul Shah acted for an internet gambling company against a Norwegian internet gambler who alleged that the company was liable to him in tort for financial losses he had suffered as a result of gambling on its website. Bajul successfully persuaded the court that any alleged tort was likely to be governed by English law, and that as there was no real prospect under English law of the Norwegian gambler establishing a claim in tort (or contract), the internet gambling company was entitled to summary judgment on its claim for a negative declaration of liability.