The Gutshot poker appeal decision delivered earlier this month, was widely reported as holding poker was a game with more chance than skill. The court did not dispute that poker had a strong element of skill and in doing so it highlighted the difference between the 'predominance test' applied in some jurisdictions, such as the US, and the UK's test for whether a game is a 'game of chance'. This case suggests that if a decision is to be made finding that poker is in a different regulatory category to other forms of gambling then this decision will need to come from the legislature and not the courts.