Gaming and Games in UK Law

Leading Cases
  • HM Revenue and Customs v The Rank Group
    • Chancery Division
    • 08 Junio 2009

    Like the Tribunal I would hold that the random generation of a number in a separate unit which serves various player terminals (which may themselves be running different games) is properly regarded as an external event and not one produced by the machine that the player is playing. Like the Tribunal I do not think it is possible to elaborate further.

    Once it is held that there are games of chance played on “gaming machines” (the supply of which is subject to VAT) and there are games of chance played on machines that are not “gaming machines” (which are not subject to VAT), it is apparent that a breach of the principle of fiscal neutrality may have occurred. Applying the principles outlined above I would again hold that there was such a breach.

  • C.H.T. Ltd v Ward
    • Court of Appeal
    • 07 Noviembre 1963

    People do not game in order to win chips. They are mere counters or symbols used for the convenience of all concerned in the gaming. If actual money were lent to the defendant in order to game and the game were played for cash, the defendant would pay her own losses in cash and the plaintiffs would be under no obligation to pay anything to the winners.

  • The Commissioners for HM Revenue and Customs (“HMRC”) v London Clubs Management Ltd
    • Court of Appeal (Civil Division)
    • 09 Octubre 2018

    For that reason taken on its own, I would not regard a Non-Neg as being a stake which was required to be taken into account in the calculation of gross gaming yield as defined under section 11(8) or of banker's profits as referred to or defined under section 11(8)(b)) or section 11(10).

  • The Commissioners for HM Revenue and Customs v The Rank Group Plc
    • Court of Appeal (Civil Division)
    • 30 Octubre 2013

    If this is right, it follows in my view, and for like reasons, that a purpose built system comprising a terminal with a separate, but connected, RNG is also properly characterised as a 'machine'. The terminal cannot be used for gaming purposes except by being linked to the RNG; and the RNG is designed to be linked to the terminal in order to enable the game to be played.

    If right so far, I also do not understand why the multi-terminal systems should be treated any differently. The fact that there is only one RNG serving several terminals cannot make a material difference. In substance, the systems are exactly the same as in both previous configurations. By like reasoning, I cannot see why each terminal and the single RNG do not together constitute a machine within section 26.

  • Aspinalls Club Ltd v Revenue and Customs Commissioners
    • Court of Appeal (Civil Division)
    • 15 Noviembre 2013

    The value in money or money's worth of the stakes staked is the face value of the chip. The stake is the amount risked in connection with the game; it is the value of that stake which is put at risk in the game. The value put at risk in the game is not altered by reference to any commission the player receives under the Cash Chip Agreement.

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Legislation
  • Gaming Act 1845
    • UK Non-devolved
    • 1 de Enero de 1845
    ... Anno Regni VICTORI, Britanniarum Regin,Octavo & Nono. An Act to amend the Law concerning Games and Wagers. (8 & 9 Vict.) C A P. CIX ... [8th August 1845] ... 'WHEREAS the Laws heretofore made in restraint of unlawful Gaming have been ... ...
  • Gaming Licence Duty (Games) Order 1995
    • UK Non-devolved
    • 1 de Enero de 1995
  • The Gaming Duty (Additional Games) Order 2007
    • UK Non-devolved
    • 1 de Enero de 2007
  • Metropolitan Police Act 1839
    • UK Non-devolved
    • 1 de Enero de 1839
    ... ... such House, Shop, Room, or Place, or knowingly suffer any unlawful Games or any Gaming whatsoever therein, or knowingly permit or suffer ... ...
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Books & Journal Articles
  • Gaming the gamer? – The ethics of exploiting psychological research in video games
    • No. 14-2, May 2016
    • Journal of Information, Communication and Ethics in Society
    • 106-123
    Purpose: The purpose of this paper is to investigate the ethical implications of video game companies employing psychologists and using psychological research in game design. Design/methodology/ap...
  • Depressive symptoms associations with online and in person networks in an online gaming community: a pilot study
    • No. 25-1, March 2020
    • Mental Health Review Journal
    • 21-33
    Purpose: Increases in video game use have led to mental health concerns, citing greater risk for depressive symptoms (DS) and reduced “in-real-life” (IRL) social involvement. However, recent studie...
    ... ... However, recentstudies have uncoveredpotential social benefits for online gaming. Many games provide avenues toextend real life relationships and make new online friendships. The pu rpose of this pilot study is touse social network analysis ... ...
  • Factors influencing user trust in online games
    • No. 23-5, October 2005
    • The Electronic Library
    • 533-538
    Purpose: This paper aims to provide a theoretical overview of the factors influencing user trust in online games. It offers a set of guidelines that help online game marketers to better understand ...
    ... ... Inparticular, it examines a user’s perceptions about the company, the online gaming site, and anindividual game.Findings – A number of factors influencing user trust in online games are largely within the controlof the company ... ...
  • Understanding the determinants of human computation game acceptance. The effects of aesthetic experience and output quality
    • No. 40-4, August 2016
    • Online Information Review
    • 481-496
    Purpose: – Human computation games (HCGs) that blend gaming with utilitarian purposes are a potentially effective channel for content creation. The purpose of this paper is to investigate the drivi...
    ... ... Management University, SingaporeAbstractPurpose –Human computation games (HCGs) that blend gaming with utilitarian purposes are apotentially ... ...
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Law Firm Commentaries
  • Weekly Web Wrap-Up: May 17, 2016
    • LexBlog United Kingdom
    Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Te...
    ... ... -Up, a quick list of the past weeks top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & ... ...
  • Will Facebook Become a Key Player in U.S. Online Gaming?
    • JD Supra United Kingdom
    Arguably the most popular social media platform in the world, Facebook appears poised to expand its ever-growing empire into the online gaming industry. Rumors circulated in early December 2011 tha...
    ... ... Facebook is no stranger to online gaming. For some time now, it has offered its users the option of playing online games for Facebook credits as an alternative to real money. Earlier this year, Facebook changed its advertising policies, allowing online gambling ... ...
  • UK Data Protection Regulator ICO Flexes Power to Impose Fine - Sony Fined for Data Breach
    • JD Supra United Kingdom
    Introduction - On 24 January 2013, the UK Information Commissioner’s Office (ICO) served Sony Computer Entertainment Europe Limited (“Sony”) with a monetary penalty of £250,000 following a ser...
    ... ... This platform is the online element of Sonys PlayStation mobile gaming products andgaming console, allowing customers to chat and play against ... ...
  • What Are the Rules of the Advergame in the UK?
    • LexBlog United Kingdom
    Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organiza...
    ...Advergames are online video games that are created in order to promote a brand, product or organization by ... The concept of advertising via gaming has been around since the 1980s and the term advergame was included in ... ...
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