Essentially the drafting of the exclusions against defects and the way they had been presented was fundamentally unfair. even if the clauses were adequate to encompass the defect in the game and had been incorporated into the contract, they were not transparent or fair in terms of the Consumer Rights Act 2015 ( CRA) so Betfred would not have been entitled to rely on them.even if they had been effective to exclude liability, the way in which the relevant exclusion clauses were presented and the failure adequately to ‘signpost’ them to Mr Green meant they were not incorporated into the contract between Betfred and Mr Green – so they plainly couldn’t bind Mr Green and.the wording of the exclusion clauses was inadequate – they just didn’t work as a matter of language.Betfred lost on each and every attempt to rely on its contractual exclusions for wins attributable to the defect. Mr Green won, which meant he recovered his game winnings in full, plus interest and costs against Betfred, who will not appeal. Betfred argued that they were not obliged to pay Mr Green because the winnings arose from a game defect, and the terms of the contract between them excluded their liability to him in those circumstances. The High Court has granted summary judgment in favour of Mr Green, a customer of Betfred who sought recovery of £1.7m in winnings to which he claimed to be entitled. Andrew Green – and – Petfre (Gibraltar) Limited t/a Betfred, before Mrs Justice Foster DBE.
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