Kenny Alexander and Lee Feldman have been granted permission by the Court of Appeal Civil Division to appeal their privacy case against the UK Gambling Commission.
The permission was granted on 18 June, in a development that appears to have gone largely unnoticed by industry observers until now.
The pair left Entain predecessor GVC Holdings in 2020 and have since been embroiled in a series of legal proceedings with significant implications for the sector.
Both men are separately due to stand trial at Southwark Crown Court in February 2028, charged with conspiracy to defraud and conspiracy to bribe relating to GVC’s Turkey unit between 2011 and 2018.
The privacy case stems from the pair’s attempt, through the FS Gaming investment vehicle, to build a 6.5% stake in 888, since rebranded to evoke, and float a proposal where Alexander would become CEO, Feldman chair, and Stephen Morana CFO.
During that period, the Gambling Commission advised 888 that it needed to direct suitability questions to FS Gaming, including whether the individuals had been interviewed under caution or were subject to investigation.
888 claims those questions were never fully answered, while Feldman maintained the investigation was privileged, Entain had made relevant disclosures, and FS Gaming had not envisioned restrictions on its members.
The Gambling Commission subsequently placed 888’s licence under review, a decision that contributed to continued declines in the operator’s share price throughout the process.
Alexander and Feldman eventually sued over a July 2023 regulatory update from 888 and a March 2024 Gambling Commission press release, arguing both had misused their private information and breached confidence.
They contended the notices made them appear to be under regulatory suspicion and damaged their reputations, and that the communications should have remained confidential at all times.
Justice Jennifer Eady ruled against them in January, determining the core issue concerned the Commission’s review of 888’s licence rather than any personal investigation into Alexander and Feldman specifically.
The judge also highlighted the context of two well-known gambling executives being linked to a takeover of a publicly listed licensed operator during an already public HMRC investigation.
The High Court had initially refused permission to appeal, but documents seen by NEXT.io note the Court of Appeal found the appeal would have “a real prospect of success” and that “it is properly arguable that [the judge] unduly strict in her approach.”
Granting permission signals that the Court of Appeal considers the challenge arguable, though the substantive hearing has not yet taken place and is expected before 29 December 2026.
