CAMELOT UK LOTTERIES LIMITED v THE GAMBLING COMMISSION

CAMELOT UK LOTTERIES LIMITED v THE GAMBLING COMMISSION

Damages would be an adequate remedy for Camelot and IGT if the suspension were lifted and they succeeded at trial; damages would not be adequate for the Commission if the suspension were maintained and it succeeded at trial due to unquantifiable public interest losses; the balance of convenience lies in lifting the automatic suspension to allow the Commission to proceed with the Fourth Licence award to Allwyn.

Parties
Claimant: Camelot UK Lotteries Limited; Claimant: Camelot Global Lottery Solutions Limited; Claimant: International Game Technology PLC; Claimant: IGT Global Services Limited; Claimant: IGT Global Solutions Corporation; Claimant: IGT (UK 3) Limited; Claimant: IGT UK Interactive Limited; Claimant: IGT UK Limited; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Limited; Interested Party: Sazka Group AS
Jurisdiction
England and Wales
Judgment Date
29 June 2022
Procedural Posture
Judicial Review / Procurement Challenge / Interlocutory Application to Lift Automatic Suspension
Outcome
Automatic suspension lifted; Commission permitted to proceed with contract award.
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Standing in Procurement Challenges, Limitation Period, Remedies Directive, National Lottery Licensing
Public Procurement Administrative Law Automatic Suspension Adequacy of Damages Balance of Convenience Standing in Procurement Challenges Limitation Period Remedies Directive +1 more

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Parties

Camelot UK Lotteries Limited

Claimant

Camelot Global Lottery Solutions Limited

Claimant

International Game Technology PLC

Claimant

IGT Global Services Limited

Claimant

IGT Global Solutions Corporation

Claimant

IGT (UK 3) Limited

Claimant

IGT UK Interactive Limited

Claimant

IGT UK Limited

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Limited

Interested Party

Sazka Group AS

Interested Party

Procedural Posture

Judicial Review / Procurement Challenge / Interlocutory Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether the automatic suspension on contract award should be lifted pending trial of procurement challenges
  2. 2 Whether damages would be an adequate remedy for claimants if suspension is lifted and they succeed at trial
  3. 3 Whether damages would be an adequate remedy for the defendant if suspension is maintained and it succeeds at trial

Ratio Decidendi

Damages would be an adequate remedy for Camelot and IGT if the suspension were lifted and they succeeded at trial; damages would not be adequate for the Commission if the suspension were maintained and it succeeded at trial due to unquantifiable public interest losses; the balance of convenience lies in lifting the automatic suspension to allow the Commission to proceed with the Fourth Licence award to Allwyn.

Court Disposition

Automatic suspension lifted; Commission permitted to proceed with contract award.

Orders

  • Automatic suspension under Regulation 56 of the Concession Contracts Regulations 2016 is lifted.
  • The Commission is permitted to enter into the Enabling Agreement with Allwyn and subsequently award the Fourth Licence.