Kenny Alexander and Lee Feldman have been granted permission for their case against the Gambling Commission to be reviewed by the Court of Appeal.
In a twist which appears to have been missed by observers, the Court of Appeal Civil Division granted permission for the two – who left Entain predecessor GVC Holdings in 2020 – to appeal their privacy case against the Commission on 18 June.
It comes as the pair are set for trial at Southwark Crown Court in February 2028, where they are charged with conspiracy to defraud and conspiracy to bribe for activities relating to GVC’s Turkey unit between 2011 and 2018.
Documents seen by NEXT.io cite the reasons for the success, including that an appeal would have “a real prospect of success” and that “it is properly arguable that [the judge] unduly strict in her approach”.
The case resulted from a matter several years ago when the pair – through the FS Gaming investment vehicle – built a 6.5% stake in 888, since rebranded to evoke, and floated a proposal where Alexander would become CEO, Feldman chair and Stephen Morana CFO of the group.
888 was then in communication with the Gambling Commission, which told the business it needed to ask suitability questions to FS Gaming, including whether the individuals had been interviewed under caution and were subject to investigation.
After speaking with FS Gaming, 888 claims those questions were never fully answered, while Feldman says the investigation was privileged, Entain had made relevant disclosures, and FS Gaming did not envision restrictions on its members.
Commission puts 888 licence under review
During this process, the Gambling Commission put 888’s licence under review, which contributed to continuing declines in its share price.
The pair eventually sued over a July 2023 regulatory update from 888 and a March 2024 Gambling Commission press release, which Alexander and Feldman said misused their private information and breached confidence.
They argued the notices had made them look like they were under regulatory suspicion and damaged their reputation, and should have remained confidential.
However, Justice Jennifer Eady ruled against them in January this year, determining that the issue was around the Commission’s review of 888’s licence, not the regulator announcing an investigation into Feldman and Alexander personally.
The judge also highlighted the context around the two well-known gambling executives linked to a takeover of a publicly listed licensed gambling operator, amid an already public HMRC investigation.
While the High Court had previously denied permission for the two to appeal the judgement, the Court of Appeal has now granted them permission, meaning it considers the appeal arguable, though the substantive challenge has yet to be heard.
According to publicly available information, the case is due to be heard before 29 December 2026.
