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In a ruling on 22 May 2026, the public procurement challenges brought against the Gambling Commission concluded with indemnity costs orders being made against the unsuccessful claimants in favour of both the Gambling Commission and the interested party, Allwyn.Following a lengthy trial which ended earlier this year, Mrs Justice Joanna Smith DBE comprehensively dismissed the claims brought by Northern & Shell plc and The New Lottery Company Limited.The claims concerned the Gambling Commission’s conduct of the competition for the Fourth National Lottery Licence (the Process Claim) and modifications to the subsequent agreement with Allwyn (the Modifications Claim). This was the third successful outcome for the Gambling Commission, following earlier proceedings brought by Camelot UK Lotteries Ltd and International Game Technology Plc.In the recent decision concerning costs, the Court described the claimants' conduct as highly unreasonable and wholly out of the norm. She ordered payments on account of costs of 75% (to the Gambling Commission) and 70% (to Allwyn), pending agreement or detailed assessment of the costs. The Judge also rejected the claimants' application for permission…

James Frampton (instructed by Archor LLP) acted for the Appellant (“RBH”) in this appeal, in which the Court of Appeal made notable observations in respect of two key aspects of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”): the “residential occupier exception” and the requirements for a valid pay less notice.BackgroundRBH is a building contractor who Mr and Mrs James employed to provide site and project management services in relation to a large luxury house known as Ferndown in Saunton, North Devon. A contract was agreed orally, through which RBH was to be paid a fee for supervision and project management. This arrangement was then modified such that RBH would be reimbursed any costs incurred in procuring sub-contractors and materials.Following disputes, RBH ceased work around April 2024, by which time it had been paid £1,310,039.04. In November 2024, RBH made an application for payment of £663,016.16. Mr and Mrs James responded with a “withholding notice” stating their intention to withhold payment of £633,016.16 and setting out their reasons for doing so.RBH proceeded with an adjudication on the basis that the “withholding notice” was an invalid pay…

Following a lengthy trial, Mrs Justice Joanna Smith DBE has comprehensively dismissed the claims brought against the Gambling Commission by Northern & Shell plc and The New Lottery Company Limited (TNLC). The claims challenged the Gambling Commission’s conduct of the Competition for the 4th UK National Lottery Licence and modifications made to the Licence following its award to Allwyn in 2022. This litigation arises out of what the Claimants describe as “the most financially significant procurement process in UK history”.This is the third successful outcome for the Gambling Commission, following earlier proceedings brought by Camelot UK Lotteries Ltd and International Game Technology Plc. Sarah Hannaford KC and Rachael O’Hagan (alongside Rose Grogan KC, Barney McCay and Monty Fynn), instructed by Hogan Lovells, acted for the Gambling Commission.A copy of the judgment can be found here.