Just how marginal can gains be? Why Ivey v. Genting Casinos (UK) Ltd may have implications for sporting competition

Abstract

The case of Ivey v Genting Casinos (UK) Ltd concerned the use of a specialist technique to gain an advantage in a card game. While ultimately this technique was held by the UK Supreme Court to be cheating, much of the subsequent focus on the case has been on comments in the later part of the judgment regarding the (obiter) overruling of the Ghosh test for dishonesty. To a certain extent, this has overshadowed the narrower conclusions on cheating at cards. This article will suggest that there are problems with applying this definition of cheating in practice, and in particular will discuss what implications this might have for enhancing sporting performance.