Luck v. Skill - UK court case looks at Poker

Filed in archive on January 15, 2007

Gutshot Poker Club Owner Derek Kelly is betting that a British court will not decide it's better to be lucky than good in his case challenging the government's ruling that poker is a game of chance.

England's 1968 Gaming Act says that it's illegal for a club to take a piece of the winnings of luck-based games. Kelly's argument is that poker is a game of skill more akin to chess than a game of luck. Kelly's Gutshot Club is one of the oldest and most famous poker clubs in England, sponsoring several players to the 2005 and 2006 World Series of Poker Main Event.

Kelly operated two clubs in the UK, one where players paid a fee to play, and another where a rake was taken from the pot to cover operating costs. England's Club and Vice Unit decided that this was a violation of the gaming act, and moved to shut Kelly down. His current case will determine not only the fate of the Gutshot Club, but the fate of more than twenty poker clubs across England.

"Poker is a game dominated by skill. Provided you are more able, ultimately you will be the winner. Like any sport or game, there are elements of luck. However, the more skilful player will win out in the end," Kelly said in a recent story published by the TimesOnline (UK).

Amy Calistri has a great article over at PokerNews looking into the Gutshot case and if it has any possible ramifications for US poker players with regard to the Unlawful Internet Gambling Enforcement Act.