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Ivey V Genting Casinos
is a UK Supreme Court case that reconsidered the test used for determining dishonesty. Facts Phil Ivey, an American professional poker player, played and won a series of games of Punto Banco—a variant of baccarat—at Crockfords Casino in London, owned by Genting Casinos (UK) Ltd. The casino did not pay out the £7.7m he had won, as they believed Ivey had cheated by using edge sorting. Ivey sued the casino to recover his winnings. Both Ivey and the casino agreed that the contract contained an implied term forbidding cheating. Ivey's lawyers argued that the appropriate test for whether cheating occurred was the same for contract as it was in section 42 of the Gambling Act 2005, and that cheating necessitated dishonesty, which had not been shown. At trial, High Court Judge John Mitting held that cheating had occurred and the contract was thus invalid. The Court of Appeal upheld the trial judge's ruling 2–1. Decision The Supreme Court held that Ivey had cheated, and ...
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R V Ghosh
''R v Ghosh'' 982EWCA Crim 2is an English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968, theft,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the Supreme Court of the United Kingdom, Supreme Court in ''Ivey v Genting Casinos'' [2017UKSC 67 Facts Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the National Health Service. The jury found him guilty. He appealed on the basis that the trial judge had told the jury ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Phil Ivey
Phillip Dennis Ivey Jr. (born February 1, 1977) is an American professional poker player who has won ten World Series of Poker bracelets, one World Poker Tour title, and appeared at nine World Poker Tour final tables. Ivey is regarded by numerous poker observers and contemporaries as the best all-around player in the world. In 2017, he was elected to the Poker Hall of Fame. Background Ivey first began to develop his poker skills by playing against co-workers at a New Brunswick, New Jersey, telemarketing firm in the late 1990s. One of his nicknames, "No Home Jerome", stems from the fake ID card he secured to play poker in Atlantic City, New Jersey, in his teenage years. He was given the nickname "The Phenom" after winning three World Series of Poker bracelets in 2002. His other nickname is "the Tiger Woods of Poker". Poker Live poker World Series of Poker Ivey's tournament accomplishments include winning three bracelets at the 2002 World Series of Poker, tying Phil Hellmuth ...
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Punto Banco
Baccarat or baccara (; ) is a card game played at casinos. It is a comparing card game played between two hands, the "player" and the "banker". Each baccarat coup (round of play) has three possible outcomes: "player" (player has the higher score), "banker", and "tie". There are three popular variants of the game: ''punto banco'', ''baccarat chemin de fer'',"Baccarat" in ''Chambers's Encyclopædia''. London: George Newnes, 1961, Vol. 2, pp. 32-33. and ''baccarat banque'' (or ''à deux tableaux''). In ''punto banco'', each player's moves are forced by the cards the player is dealt. In ''baccarat chemin de fer'' and ''baccarat banque'', by contrast, both players can make choices. The winning odds are in favour of the bank, with a house edge of at least 1 percent. History The origins of the game are disputed, and some sources claim that it dates to the 19th century. Other sources claim that the game was introduced into France from Italy at the end of the 15th century by soldiers re ...
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Baccarat
Baccarat or baccara (; ) is a card game played at casinos. It is a comparing card game played between two hands, the "player" and the "banker". Each baccarat coup (round of play) has three possible outcomes: "player" (player has the higher score), "banker", and "tie". There are three popular variants of the game: ''punto banco'', ''baccarat chemin de fer'',"Baccarat" in ''Chambers's Encyclopædia''. London: George Newnes, 1961, Vol. 2, pp. 32-33. and ''baccarat banque'' (or ''à deux tableaux''). In ''punto banco'', each player's moves are forced by the cards the player is dealt. In ''baccarat chemin de fer'' and ''baccarat banque'', by contrast, both players can make choices. The winning odds are in favour of the bank, with a house edge of at least 1 percent. History The origins of the game are disputed, and some sources claim that it dates to the 19th century. Other sources claim that the game was introduced into France from Italy at the end of the 15th century by soldiers re ...
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Crockfords (casino)
Crockfords (also known as Crockfords Club or Crockfords Casino) is a casino in London located on Curzon Street. The casino is located near and based on the former gentlemen's club in London called Crockford's. In September 1999, Kerry Packer reportedly lost £11 million ($16.5 million) at Crockfords overtaking the previous British record loss at the time of £8 million by Greek millionaire Frank Saracakis, which also occurred at Crockfords. In 2012, poker player Phil Ivey, won £7.7 million after beating the casino in a session of punto banco baccarat, but was refused payment due to allegations of edge sorting. Ivey admitted to edge sorting, considering it a legitimate strategy and later sued the casino, but the court ruled in favor of Crockfords, stating Ivey was "cheating under civil law". Ivey appealed this ruling, but lost his appeal in October 2017 in the UK Supreme Court. See also * List of casinos This page is a partial list of casinos that are important or well-kn ...
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Edge Sorting
Edge sorting is a technique used in advantage gambling where a player determines whether a face-down playing card is likely to be low or high at casino table games by observing, learning, and exploiting subtle unintentional differences on the backs of the cards being dealt. Applied by poker player Phil Ivey and subsequently challenged in court by the casino in which he did so, the England and Wales High Court and Court of Appeal and the UK Supreme Court ruled that the technique, which requires the player to trick the dealer into rotating specific, high-value cards, is cheating in civil law, and that a casino was justified in refusing payment of winnings. This ruling would not be applicable if the player simply took advantage of an observed error or anomaly in the deck for which he was not responsible. Technique Many packs of cards produced by manufacturers have unintentional, almost indistinguishable edge irregularities. Typically the backs of every card in such a pack are iden ...
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Implied Terms In English Law
Implied terms in English law are default rules for contracts on points where the terms which contracting parties expressly choose are silent, or mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship. Terms may be implied into contract through statutes, custom or by the courts. When implied by statute, Parliament may well make certain terms compulsory. The examples are numerous. For instance, the National Minimum Wage Act 1998, provides that in any contract for work, the worker must be paid according to a minimum wage set by Parliament (£6.19 per hour for workers aged 21 or over as of October 2012). Another example is that under the Unfair Contract Terms Act 1977, liability can only be excluded when reasonable in contracts among busi ...
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Gambling Act 2005
The Gambling Act 2005 (2005 c 19) is an Act of the Parliament of the United Kingdom. It mainly applies to England and Wales, and to Scotland, and is designed to control all forms of gambling. It transfers authority for licensing gambling from the magistrates' courts to local authorities (specifically unitary authorities, and the councils of metropolitan borough, non-metropolitan district and London boroughs), or to Scottish licensing boards. The Act also created the Gambling Commission. Provisions The Act gives its objectives as Some provisions of the bill faced controversy, particularly in its original form, where it would have allowed eight so-called "super casinos" to be set up. With the Parliamentary session drawing to a close, a compromise was agreed to reduce this to one. Despite a lengthy bidding process, with Manchester being chosen as the single planned location, the development was cancelled soon after Gordon Brown became Prime Minister of the United Kingdom. The ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ...
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John Mitting
Sir John Edward Mitting (born 8 October 1947) is a retired judge of the High Court of England and Wales. He is currently chairing the Undercover Policing Inquiry. Education Mitting attended Downside School and Trinity Hall, Cambridge. Legal career He was called to the bar at Gray's Inn in 1970 and made a bencher in 1996. He became a Queen's Counsel in 1987. He was appointed a Recorder (judge), Recorder in 1988. On 3 April 2001, he was appointed a High Court judge (England and Wales), High Court judge, receiving the customary Knight Bachelor, and assigned to the Queen's Bench Division. He served as Chairman of the Special Immigration Appeals Commission from 2007 to 2012. He presided over the Libel Case related to "Plebgate" and the Uber English language tests case. He retired as a High Court judge on his 70th birthday in 2017, and has been appointed to chair the Undercover Policing Inquiry, following the resignation due to ill-health of Christopher Pitchford, Lord Justice Pitchford ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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