Limiting liability in Consumer Terms: High Court rules in favour of online customer in £1.7 million dispute with Betfred

In Green v Petfre (Gibraltar) Ltd (t/a Betfred), the High Court ruled that Betfred were liable to pay out a customer’s £1.7 million winnings on a side bet allegedly caused by a software defect, despite Betfred’s claims that their consumer terms excluded liability for such defects.

This judgment provides an important reminder for any B2C businesses, not just gambling operators, seeking to exclude their liability for software defects online (or indeed for anything else). In particular, online businesses should be asking themselves whether their exclusions of liability are sufficiently (1) specific; (2) prominent; and (3) fair. If they fall short in any of those three areas, they may not be enforceable.

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