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Whether regular winnings from gambling constitute earnings from gainful employment

shawn mach
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New child support case in the Court of Appeal:

The Appellant is a professional gambler, who derives his entire income from gambling. The short point in this appeal is whether his regular winnings from gambling constitute earnings from gainful employment such that they should be taken into account in the assessment of the amount for which he is liable to pay the Second Respondent, the mother and the parent with care of his child, by way of child support. Both the First-tier Tribunal and the Upper Tribunal held that they do. The Appellant, supported by the Secretary of State, contends that they do not.

Appeal allowed:

The Appellant ... relies upon a single ground of appeal, namely that this case is materially indistinguishable from Hakki.

I find that submission to be overwhelmingly powerful, and indeed made good. Just like Mr Hakki, the Appellant is a professional gambler in the sense that he derives his entire and not inconsiderable income from gambling; but, crucially, like Mr Hakki, he does not undertake any other income-generating activity linked to that gambling which could in itself be characterised as a trade or other form of self-employment. Consistent with the well-established line of earlier revenue cases, a gambler, however sophisticated, organised or successful, as a matter of law will never, on that basis alone, be carrying out an activity amounting to self-employment. It is only when gambling is linked to some other business activity, which in and of itself amounts to self-employment, that winnings from mere gambling may fall to be assessed as part and parcel of that business, as was the case in Burdge v Pyne (see paragraphs 19 and 20(iv) above). Whether that other business activity is such as to amount to self-employment may depend upon the facts of a particular case; but, whatever the factual background, mere gambling without more can never amount to self-employment.

http://www.bailii.org/ew/cases/EWCA/Civ/2018/470.html

 

Paul_Treloar_AgeUK
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He also had a standing bet of £1,500 per year with a friend as to whether, in the league, Manchester United (his team) would end the season above Liverpool (his friend’s team). Over the period in question, the respective fortunes of those teams very much favoured the Appellant.

Ouch….