(510)  SPONSIONES LUDICRAE NO MORE

SPONSIONES LUDICRAE NO MORE

 

Thanks to our gambling correspondent Martin Hogg, who notes that the UK Gambling Act 2005 section 335 abolishes the doctrine of sponsiones ludicrae by making contracts related to gambling enforceable.  So far as Scots Law News has been able to find out, however, the provision has not yet come into force.  But in due course, it seems, we will cease to have cases about football pools and agreements to share Lottery or bingo winnings (see previously Nos 7, 93, 111).  Pity; but the last football pool document seen by Scots Law News (many years ago) also had a clause in it to the effect that it was a gentleman’s agreement, binding in honour only and not intended to create legal relations.  Perhaps we may see instead some litigation about the meaning and effect of such clauses, the enforceability of which seems to depend upon a truly circular logic.