Does UK law incentivise profit from disabled people?

Imagine this analogy: If a visibly intoxicated person—someone under a temporary impairment—keeps ordering drinks at a bar for hours on end, should the bartender continue serving them until they collapse, or intervene to prevent further harm?

Under current UK law in England, individuals who lose money through gambling or endure related harms are often left without recourse—no refunds, no compensation. The recent Court of Appeal ruling in Gibson v Betfair (December 2025) reinforced this stance, affirming that even significant lapses in an operator's social responsibility obligations do not automatically entitle gamblers to redress. The courts adhere firmly to the principle of volenti non fit injuria—that adults voluntarily assume the risks inherent in gambling, barring exceptional circumstances.

This framework becomes particularly unjust when applied to people with disabilities. Even when operators demonstrably fail in their duty of care, they face minimal repercussions, unless minors are involved.

I know this firsthand. Living with ADHD, I once engaged in a compulsive online gambling session that lasted nearly 20 hours, relentlessly chasing losses until my funds were depleted. I take accountability for initiating the activity, but why did the platform permit unchecked betting for almost an entire day, without any safeguards or interruptions?

Scientific evidence, including the DSM-5 criteria, is unequivocal: ADHD impairs impulse control and executive function, rendering such gambling behaviors not entirely voluntary. In light of this, I'm pursuing recovery of my losses, believing much of the financial and emotional damage could have been averted.

What viable paths forward exist? Solicitors often demand substantial upfront fees, making legal action inaccessible. Regulators acknowledge vulnerabilities like mine but lack the authority to intervene in individual cases. Betting companies encounter few tangible consequences for oversights. And courts default to the assumption of voluntary risk.

I've ceased gambling entirely, but the sense of injustice lingers. The preventable loss and distress pushed me to a very dark place.

Written with AI. Can't really write well.