Mayfair private members club Aspinall’s has succeeded in its claim against former member Mr Lester Hui for repayment of a substantial gaming debt, following a 10 day trial. The claim was brought under sections 47 and 57 of the Bills of Exchange Act 1883 and in the alternative based on loan agreement arising when Mr Hui signed script cheques and received gaming chips in response. The trial received extensive media coverage in the national press, including The Times.
By judgment handed down on 4 August 2023 Mr Justice Cotter rejected Mr Hui’s various defences. The Court found that Mr Hui had deliberately exaggerated his evidence to try to evade payment. The Judgment is of interest inter alia for its comment on the approach to burden of proof where allegations are raised in a civil trial which are quasi-criminal (paragraphs 124-134); its guidance as to the proper approach by a trial judge to fact-finding (paragraphs 135-145); and especially for its analysis of the circumstances in which a person will lack the capacity necessary to enter into a legally binding contract in particular in the context of gaming transactions (paragraphs 301-36).
