Joan Parker-Grennan v Camelot UK Lotteries Ltd
| Jurisdiction | England & Wales |
| Judge | Mr Justice Jay |
| Judgment Date | 04 April 2023 |
| Neutral Citation | [2023] EWHC 800 (KB) |
| Docket Number | Case No: KB-2022-000731 |
| Court | King's Bench Division |
[2023] EWHC 800 (KB)
Mr Justice Jay
Case No: KB-2022-000731
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
James Couser (instructed by Coyle White Devine Limited) for the Claimant
Philip Hinks (instructed by Browne Jacobson LLP) for the Defendant
Hearing dates: 28 th and 29 th March 2023
Approved Judgment
This judgment was handed down remotely at 2pm on 4 th April 2023 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
INTRODUCTION
Camelot UK Lotteries Limited (“the Defendant”) is the licensed operator of the National Lottery. In that capacity it conducts a range of activities but the focus of this case is National Lottery Interactive Instant Win Games (“IWGs”) which the Defendant promotes from time to time. These are games of chance played online on the National Lottery website.
On 25 th August 2015 Ms Joan Parker-Grennan (“the Claimant”) bought a £5 ticket for a particular IWG. Prizes ranged from £5 to £1M. In a nutshell, in order to win a player had to match a number in the “YOUR NUMBERS” section of the screen (assuming that the player had enabled the animations which are provided to make the game more fun) with a number in the “WINNING NUMBERS” section. After the Claimant had pressed the “play” button on her screen and then clicked on all five of the “Winning Numbers” and all 15 of the “Yours Numbers” (in whatever order she chose to do this), her screen changed and she was told that she had won £10. This was because the number “15” was matched and it was flashing white, and the prize for that combination was £10. However, on closer scrutiny the Claimant could see that she had also matched the number “1”, the prize for which was £1 million. There was no corresponding message to the effect that she had won that amount, and no flashing lights. The Claimant says that she is entitled to this prize in addition to the £10 prize which the screen display had told her she had won. The Defendant has refused to pay out, saying that the Claimant did not win the £1 million and that a coding issue had generated an error in the Java software responsible for the animations. The £10 prize was the one the computer had “predetermined” would be won in conjunction with the ticket the Claimant purchased.
The Claimant now applies for summary judgment on her claim pursuant to CPR Part 24, alternatively that the Defence should be struck out pursuant to CPR Part 3.4. It is convenient to consider the Claimant's application within the scope of CPR Part 24, if for no other reasons than strike-out sets a higher bar and both parties have sought to adduce evidence. The principles governing applications under CPR Part 24 are sufficiently familiar that I do not propose to set them out.
The evidence before me comprises the witness statements of the Claimant's solicitor, David Sheahan, dated 27 th May 2022 and of Neil Smith, an IT service delivery manager at the Defendant, dated 10 th January 2023 and 21 st March 2023. I will summarise the evidential position as briefly as I may because for the purposes of this application nothing is in dispute. It is the interpretation of some of the evidence that is in issue. Mr Smith raises some technical issues as to the internal workings of the Defendant's computer system and related Java software which the Claimant has not sought to contradict. It follows that his account must be accepted.
THE EVIDENCE
The Claimant first opened an online National Lottery Account on 27 th February 2009. In order to do so, she was required to tick a box confirming that she had read and agreed to be bound inter alia by the Defendant's Interactive Account Terms and Conditions (“the Account Terms”), the Rules for IWGs (“the IWG Rules”) and the Game Procedures for the specific games she wished to play. One way or another, these Account Terms, Rules and Game Procedures were accessible via a series of hyperlinks or drop-down menus. The Defendant's contractual documentation is updated from time to time. Updates of any significance required acceptance by the Claimant by her ticking or clicking a button marked “Accept”. At the relevant time, the Claimant was presented with a drop-down menu revealing a summary of the changes as well as complete versions of the new sets of provisions.
The Claimant has advanced a number of submissions under the headings of non-incorporation and unenforceability. Without prejudice to those submissions, which I will be addressing below, it is convenient at this stage to set out the relevant provisions of the Account Terms, the IWG Rules and the Game Procedures for the particular IWG the Claimant played on this occasion.
The Account Terms provided in material part:
“ Account Terms
19 th Edition effective 2 nd July 2015
These Account Terms (the “Terms”) set out the various rules and procedures that apply when You open an Account and use it to play National Lottery games online (including on mobile devices and by direct debit) or for any other reason.
By accepting these Terms, You agree to be bound by the relevant documents below:
(a) When playing Draw-Based Games online through Your Account: these Terms; the Rules for Draw-Based Games Played Online, the Game Procedures for each individual Draw-Based Game and the Game Specific Rules (if any) for a particular Draw-Based Game;
(b) When playing Instant Win Games through Your Account: these Terms; the Rules for Interactive Instant Win Games; the Game Procedures for each individual Instant Win Game and the Game Specific Rules (if any) for a particular Instant Win Game.
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You can view copies of the documents mentioned above on the National Lottery website. You can also get copies of the documents by calling the Customer Care Team on 0845 278 8000 or by writing to The National Lottery, PO Box 251, Watford WD18 9BR. Please note that calls to the Customer Care Team cost 2p per minute plus your service provider's access charges.”
(What is set out above is not exactly as appears in the original. There are certain font and formatting differences which cannot be ironed out.)
The IWG Rules provided in material part:
“ Rules for Interactive Instant Win Games
Edition 12.1 effective 10 th August 2015
These Rules for Interactive Instant Win Games (the “Rules”) apply when You play any National Lottery Interactive Instant Win Game. Each Instant Win Game also has its own Game Procedures that apply, and certain Instant Win Games may also have their own Game Specific Rules that apply from time to time.
You can view all National Lottery Rules and Procedures, and the Account Terms and Privacy Policy, on the National Lottery website. You can also get copies of these documents by calling the Customer Care Team on 0845 278 8000 or by writing to The National Lottery at PO Box 251, Watford WD18 9BR. Please note that calls from a BT line are charged at your calling plan's standard network rate. Charges for mobile or other providers might vary.
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3. Games of Chance
You acknowledge that:
3.1 Instant Win Games are games of chance and the outcome of all Instant Win Games is predetermined at the point You buy a Play or start a Try Game. The outcome of an Instant Win Game is not affected by You exercising any skill or judgement.
3.2 The outcomes of Plays are based on probabilities within the Prize Structure and not from a limited pool or range of Plays. The chances of winning at each Prize level in an Instant Win Game are, therefore, exactly the same for each Play in that Instant Win Game and the chances are not affected by previous Plays or the number of Prizes already paid for that Instant Win Game.
4. Claiming a Prize
4.1 Subject to Rule 5.4, You can only claim a Prize if You are the holder of an Account with the relevant Winning Play.
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4.4 You can only claim the Prize that Your Winning Play is eligible for. You cannot claim any other Prize, or any otherwise unclaimed Prize in that particular Instant Win Game.
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6. Validation Requirements
6.1 Before a Prize can be paid on a Play, it must be successfully validated in line with Camelot's reasonable validation procedures adopted from time to time. Camelot's decision about whether the Play is valid will be final and binding.
6.2 Without limiting the effect of Rule 6.1, Camelot will declare a Play invalid (and will not, therefore, pay any Prize) if:
(a) the Play is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Pay to Play Game above the chances enjoyed by other Players of that Pay to Play Game, or to increase that Prize; or
(b) the Play is counterfeit, all or part of the Play has been forged, or the Play fails to pass Camelot's validation and security checks; or
(c) the Prize claim is not received within the relevant Claim Period; or
(d) the Play Number for the Play is not on Camelot's official list of Winning Plays, or the relevant Prize for the Winning Play with that Play Number has been paid previously; or
(e) the details associated with the Play Number of a Play do not match Camelot's official records of that Play Number; or
(f) Camelot reasonably believes that the Play was bought by or on behalf of a person falling in one of the categories in Rule 1.6.
6.3 Without limiting the effect of Rule 6.1, Camelot may declare a Play invalid (and will not be obliged to pay any Prize) if:
(a) Camelot reasonably believes that the person claiming the Prize is not the holder of the relevant Account or that person's duly authorised representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or
(b) the Play has not been issued or sold by Camelot; or
(c) the Play...
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