In December 2023, pensioner Anthony Whelan from Dalkey, Dublin, accused Paddy Power of withholding over €13,800 in winnings from him, but lost the case after the Circuit Civil Court ruled in favour of Paddy Power. As reported by the Sunday World, Mr Whelan has decided to take the case to Ireland’s High Court with the hopes of invoking Irish and EU consumer protection law. Mr Whelan’s lawyer, John W Carroll of Crowley Millar, stated that his clients’ arguments centre around how the terms and conditions of the promotion were unfair and that Mr Whelan was not made aware of the rules prior to making his wager. Therefore, Mr Carroll argued, “consumer law should apply.”
Mr Whelan Alleges Losses of Nearly €14,000
The alleged lost winnings are in relation to a €30 accumulator bet made in January 2022. The accumulator included a total of 15 combinations within four predictions. Mr Whelan’s starting price choices were 6/1, 5/1, 6/1, and 11/2, and according to his allegations, they should have resulted in a total payout of just over €21,500. In addition, Paddy Power had, according to Mr Whelan, previously paid out accumulator bets in accordance with the starting prices.
Mr Whelan could only claim €7,700 of the money however, due to a rule outlined in the terms and conditions of the “Lucky 15” promotion, the bet was tied to, which limited the possible winning amount. The said cap led to the rest of Mr Whelan’s winnings (an estimated near €14,000) being declared void. In his lawsuit, Mr Whelan argued that he had not been informed of such terms prior to placing the bet at one of Paddy Power’s land-based betting shops, and that they had not been included in his betting slip either.
Paddy Power’s counter argument was that, as per Irish law, the plaintiff’s contract was void and not enforceable. The gambling company also denied its actions being in breach of consumer protection laws, and claimed that the rules had been presented clearly within their shop.
Mr Whelan Will Continue to Pursue a Different Ruling
Ultimately, Mr Whelan’s Circuit Court case ended in a win for Paddy Power. The case was presided over by Circuit Court Judge John O’Connor, who concluded that Paddy Power did not violate Ireland’s 2007 Consumer Protection Act. He did, however, point out that while information regarding the cap imposed had been included in the promotion’s terms and conditions, there was a notable lack of clarity. Nonetheless, Judge O’Connor also pointed out that Mr Whelan had failed to seek clarification from Paddy Power’s staff on the rules of the “Lucky 15” offer. Paddy Power also sought to be reimbursed by Mr Whelan for the company’s legal expenditures in relation to the case, but this was met with dismissal by Judge O’Connor.
Although Mr Whelan is allowed to receive the €7,700+ sum by going to a Paddy Power shop in his hometown of Dalkey, he has not done so, and the case shall now be brought to the High Court. As stated by Mr Carroll, should Mr Whelan be successful in getting Paddy Power to pay out the sum he claims he is entitled to, this could have an overarching effect on Ireland’s gambling industry.
- Author
Daniel Williams
