UK LEGAL
General election betting and the misuse of inside information
Northridge Law’s Melanie Ellis bets on key national outcomes.
I
n the days leading up to the announcement of the UK’s 4 July general election, some Government officials allegedly began placing bets on the date of the election. The first claim to be made public was against Craig Williams, Rishi Sunak’s private secretary and a candidate MP. Mr Williams apparently placed a £100 bet on a July election with Ladbrokes, at odds of 5 to 1. Accusations against others followed, with bets by Nick Mason (the Conservative’s chief data officer), Laura Saunders (another candidate MP) and Tony Lee (a direct or campaigning and husband to Ms Saunders) apparently also under investigation, along with a number of other as yet unnamed punters. The Gambling Commission seems to have first become aware of the issue when Ladbrokes reported Mr Williams’ bet to the regulator, due to his status as a politically exposed person (‘PEP’). In response to these allegations, the Commission is reported to have asked all betting operating licence holders to provide details of bets on a July election made during the first three weeks of May. The regulator’s investigations are ongoing and Rishi Sunak has confirmed that the Conservative party is also conducting its own inquiry. Whilst the scandal will no doubt be damaging for the careers of the individuals involved and the reputation of the Conservative party, whether any offence has
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been committed may be difficult to establish. The Gambling Commission’s investigation will focus on the offence of cheating at gambling, found in section 42 of the Gambling Act 2005. The word ‘cheating’ is not defined in the legislation, instead taking its normal everyday meaning. Section 42 provides that it may include deception or interference with the processes involved in the conduct of gambling, however the term can and will be construed more widely.
In this particular case, the allegations relate to the potential misuse of inside information. The Commission published a policy paper on this topic in August 2018. This document primarily relating to the activities of the Commission’s Sports Betting Intelligence Unit (a body which receives and investigates sports betting integrity concerns) and sets out a definition of ‘inside information’ in the context of sporting events. The general principle that inside information is ‘information which is known
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