Supreme Court Goodbye to Ghosh: The UK Supreme Court Clarifies the Proper Test for Dishonesty to be Applied in Criminal Proceedings

摘要

The claimant (Ivey) attempted to recover £7.7 million in winnings accumulated playing Punto Banco (a version of baccarat) at Crockfords Casino in August 2012. It was accepted that, over a two-day period and with the help of another professional gambler, Ivey had deployed a 'highly specialist technique called edge-sorting which had the effect of greatly improving his chances of winning' (at [2]). Investigators instructed by Crockfords discovered the use of the edge sorting technique following an extensive review of CCTV footage. The casino refused to pay out the £7.7 million winnings 'because the game had been compromised' (at [26]) and arrangements were made to refund the claimant's deposited stake of £1 million. The claimant; a professional gambler who described himself as an 'advantage player', asserted that the use of the technique was 'legitimate gamesmanship' (at [27]) and sought to recover the full amount won.