The New Lottery Company Ltd & Anor v The Gambling Commission [2025] EWHC 1710 (TCC) (07 July 2025)

The New Lottery Company Ltd & Anor v The Gambling Commission [2025] EWHC 1710 (TCC) (07 July 2025)

The court held that Allwyn, by virtue of its extensive involvement and the filing of a statement of case, should be treated as a party for the purposes of specific disclosure under CPR r.31.12 in respect of the contested categories. Orders were made for Allwyn to provide witness statements exhibiting adverse documents and to disclose specific documents if not produced by the Defendant. For Rothschild, the court found the test for non-party disclosure under CPR r.31.17 was met for certain categories, given gaps in the Defendant's disclosure and the relevance of Rothschild's documents to the conflict of interest issue.

Citation
[2025] EWHC 1710 (TCC)
Parties
Claimant: The New Lottery Company Limited; Claimant: Northern & Shell Plc; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Limited; Interested Party: Allwyn International AG; Interested Party: Camelot UK Lotteries Limited; Respondent: N. M. Rothschild & Sons Limited
Jurisdiction
England and Wales
Judgment Date
07 July 2025
Procedural Posture
Procurement Challenge and Related Disclosure Applications / Interlocutory Applications for Disclosure Orders
Outcome
Applications granted in part; specific disclosure orders made against Allwyn and Rothschild as set out in the judgment; costs reserved.
Legal Topics
Disclosure of Documents, Non Party Disclosure, Interested Party Status, Conflicts of Interest, Modification of Contracts, Equal Treatment of Bidders
Public Procurement Civil Procedure Disclosure of Documents Non Party Disclosure Interested Party Status Conflicts of Interest Modification of Contracts Equal Treatment of Bidders

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Parties

The New Lottery Company Limited

Claimant

Northern & Shell Plc

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Limited

Interested Party

Allwyn International AG

Interested Party

Camelot UK Lotteries Limited

Interested Party

N. M. Rothschild & Sons Limited

Respondent

Procedural Posture

Procurement Challenge and Related Disclosure Applications / Interlocutory Applications for Disclosure Orders

Legal Issues

  1. 1 Whether an interested party in procurement litigation can be treated as a 'party' for the purposes of disclosure under CPR r.31.12
  2. 2 Whether the requirements for non-party disclosure under CPR r.31.17 are met against Rothschild
  3. 3 Whether specific categories of documents should be disclosed by Allwyn and Rothschild

Ratio Decidendi

The court held that Allwyn, by virtue of its extensive involvement and the filing of a statement of case, should be treated as a party for the purposes of specific disclosure under CPR r.31.12 in respect of the contested categories. Orders were made for Allwyn to provide witness statements exhibiting adverse documents and to disclose specific documents if not produced by the Defendant. For Rothschild, the court found the test for non-party disclosure under CPR r.31.17 was met for certain categories, given gaps in the Defendant's disclosure and the relevance of Rothschild's documents to the conflict of interest issue.

Court Disposition

Applications granted in part; specific disclosure orders made against Allwyn and Rothschild as set out in the judgment; costs reserved.

Orders

  • Allwyn to provide witness statements exhibiting any known adverse documents for Categories 1-4, after consulting specified individuals.
  • Allwyn to exhibit adverse documents in support of factual allegations in paragraphs 21(1) or 21(2)(b) of its Statement of Case (Category 5), after consulting specified individuals.