Lee Feldman and another -v- The Gambling Commission

High CourtKing's Bench DivisionMedia and Communications ListOrder

Claim No: KB-2024-003588

IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
MEDIA & COMMUNICATIONS LIST

4 March 2026

Before:

MRS JUSTICE JENNIFER EADY DBE

BETWEEN:

(1) LEE FELDMAN
(2) KENNETH ALEXANDER

-v-

THE GAMBLING COMMISSION

and

CROWN PROSECUTION SERVICE
(Interested Party)

ORDER INCLUDING REPORTING RESTRICTION

UPON the trial of the claim being heard between 9 – 12 December 2025 and the Court handing down a reserved judgment on 19 January 2026, [2025] EWHC 3117 (KB) (“the Trial Judgment”) without attendance from the parties

AND UPON the Order of Mrs Justice Jennifer Eady dated 19 January 2026: imposing an interim Restricted Reporting Order (“RRO”) in relation to the Trial Judgment; adjourning the decision hearing on 19 January 2026 pending (1) the determination of any application for permission to appeal and (2) any further application on the continuation of the interim RRO; and extending time for seeking permission to appeal to the the Court of Appeal and for filing any appellant’s notice at the Court of Appeal until 21 days after the decision of the Court

AND UPON the Claimants, as part of Operation Incendiary, being charged with Conspiracy to Defraud and Conspiracy to Bribe between 2011 and 2018, with a trial listed to be heard in February 2028

AND UPON the Court redacting passages in the Trial Judgment pursuant to an order under s.4(2) of the Contempt of Court Act 1981 made by Mrs Justice Hill dated 26 November 2025

AND UPON the Application by the Claimants by Notice dated 26 January 2026 seeking to continue the Interim RRO in relation to the Trial Judgment alternatively to redact specific findings within it (“the RRO Application”)

AND UPON the Claimants seeking permission to appeal the Trial Judgment by way of Grounds dated 26 January 2026

AND UPON hearing Gervase de Wilde of counsel for the Claimants, David Mitchell of counsel for the Defendant, and Hal Watson of counsel for the Crown Prosecution Service in relation to the RRO Application at the adjourned decision hearing on 18 February 2026

AND UPON counsel representing the Claimants’ interests in the criminal proceedings making written submissions on the RRO Application, and Adrian Darbishire KC and Tom Broomfield of counsel attending the adjourned decision hearing (Mr Darbishire remotely), but not making further oral representations

AND UPON the Court reserving judgment and handing down the reasons for its decision on the RRO Application (“the RRO Judgment”) and for refusing permission to appeal in form N460HC annexed to the RRO Judgment on 4 March 2026

IT IS ORDERED that:
Permission to Appeal

  1. The Claimants’ application for permission to appeal the Trial Judgment is refused.
    The RRO Application
  2. Pursuant to section 4(2) Contempt of Court Act 1981 the RRO Application is granted to the extent that publication of any report referring to the redacted passages in the published versions of the Trial Judgment and the RRO Judgment shall be postponed until after the return of the last verdict in the criminal proceedings resulting from Operation Incendiary or further Order.
  3. A copy of the unredacted versions of the Trial Judgment and the RRO Judgment shall be kept with the Court office in a sealed file marked “private” until the expiration of this Order (in accordance with paragraph 2 above). Unless the Court grants permission under CPR 5.4C(6), no non-party may obtain a copy of the unredacted versions of the Trial Judgment or the RRO Judgment.
  4. In respect of persons outside England and Wales:
    a) Except as provided in sub-paragraph (b) below, the terms of this order do not affect or concern anyone outside the jurisdiction of this court.
    b) The terms of this order will bind the following persons in a country, territory or state outside the jurisdiction of this court:
    i. any person who is subject to the jurisdiction of this court;
    ii. any person who has been given written notice of this order at his residence or place of business within the jurisdiction of this court; and
    iii. any person who is able to prevent acts or omissions outside the jurisdiction of this court undertaken in knowledge of this order, which constitute or assist in a breach of the terms of this order;
    iv. any other person, only to the extent that this order is declared enforceable by or is enforced by a court in that country or state.
  5. Liberty to apply to anyone affected by the terms of this Order.
  6. This order does not prohibit the Crown Prosecution Service from disclosing the Trial Judgment (including the redacted passages) to the defendants in and for the purposes of the Criminal Proceedings arising from Operation Incendiary, subject to the protections imposed by the Criminal Procedures and Investigations Act 1996, or any party in those Criminal Proceedings relying on the Trial Judgment in pre-trial applications/argument or at trial (to the extent that it is determined to be admissible).
  7. Adjournment: The RRO Judgment having been handed down at a decision hearing on 4 March 2026, that hearing is then to be treated as formally adjourned until such time as the court determines any application for permission to appeal made in accordance with the timetable set out at paragraph [7] below.
  8. Timetable following the adjournment of the RRO Judgment decision hearing:
    (a) any application for permission to appeal to the Court of Appeal that is to be made to this court, and/or submissions thereon must be filed with the court and served on the parties to these proceedings by 4:00pm 11 March 2026.
    (b) Upon receipt of any application and/or submissions filed in accordance with this paragraph, and in any event as soon as practicable after 4:00pm 11 March 2026, this matter shall be restored before Mrs Justice Eady for further consideration on the papers. At that stage, the court may determine all/any outstanding matters on the papers or may give further directions, including a direction for a hearing.
  9. Extension of time: time for seeking permission to appeal from Court of Appeal and for filing any appellant’s notice at the Court of Appeal is extended, pursuant to CPR 52.12(2)(a), until 21 days after any decision of this court in accordance with paragraph [7(b)] above.
  10. Costs: Costs in the case.

The specific purpose of making the orders in paragraphs 2 to 6 above is to avoid a substantial risk of prejudice to the administration of justice in the criminal proceedings arising from Operation Incendiary, namely to protect against the risk of prejudice to the right to a fair trial of Mr Feldman and Mr Alexander and other defendants in those proceedings because the matters referred to in the Trial Judgment and the RRO Judgment are related to matters which may have to be determined in due course by a jury. Pursuant to CPR 39.2(5) a copy of this Order will be published on www.judiciary.uk.