Citation:
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 to appeal against some of the findings in the Modifications Claim. The claimants did not ask for permission to appeal the judgment insofar as it related to the Process Claim.
Sarah Hannaford KC and Rachael O’Hagan acted for the Gambling Commission, alongside Rose Grogan, Barney McCay and Monty Fynn, instructed by Hogan Lovells.
