Gibraltar Betting and Gambling Association v (1) Secretary of State for Culture Media and Sport (2) Gambling Commission

The GBGA brought a claim for judicial review of the Government’s new regulatory framework for regulating overseas providers of remote gambling services, contained in the Gambling (Licensing and Advertising) Act 2014. The Claimant claimed that the new regime was unlawful under domestic law and/or constituted a disproportionate interference with the freedom to provide services guaranteed by Art. 56 TFEU. The case raised issues of the standing of the GBGA to bring such a claim, and the application of art. 56 TFEU to the provision of services between Gibraltar and the UK.
 
The claim was refused by Green J who found (1) that the new regime was lawful since it served legitimate objectives and was neither disproportionate, discriminatory nor irrational; (2) that the GBGA had standing to bring the claim; and (3) that Gibraltar was not the same Member State as the UK, nor was it a Member State in its own right. It was a third territory, legally and politically distinct from the UK. Whether Art. 56 was engaged in relation to a restriction on the provision of services from Gibraltar depended on whether that restriction had spin-off effects on inter-Member State trade.
 
Dinah Rose QC, Brian Kennelly and Jessica Boyd acted for the Claimant.

Kieron Beal QC acted for the Secretary of State

Adam Lewis QC and Tom Cleaver acted for the Gambling Commission

Lord Pannick QC and Ravi Mehta acted for the Government of Gibraltar who appeared as an interested party.

Sir Jeffrey Jowell QC and Emily Neill acted for the Gibraltar Gambling Commissioner.