The New Lottery Company Limited & Anor v The Gambling Commission

The New Lottery Company Limited & Anor v The Gambling Commission

Allwyn was treated as a party for the purpose of specific disclosure under CPR r.31.12 in relation to documents it relied upon or adverse documents within its knowledge, due to its active participation and pleadings. Disclosure orders were made against Allwyn for specific categories, subject to conditions. The applications for non-party disclosure against Rothschild were dismissed as the documents sought were not relevant to the pleaded case, would not support the Claimants' case or adversely affect the Defendant's case, and disclosure was not necessary for fair disposal of the claim.

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 and Commercial Judicial Review / Interlocutory Application for Disclosure Orders
Outcome
Allwyn application allowed in part; Rothschild application dismissed
Legal Topics
Disclosure of Documents, Status of Interested Parties, Conflicts of Interest, Modification of Contracts, Non Party Disclosure
Public Procurement Commercial Law Civil Procedure Disclosure of Documents Status of Interested Parties Conflicts of Interest Modification of Contracts Non Party Disclosure

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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 and Commercial Judicial Review / Interlocutory Application for Disclosure Orders

Legal Issues

  1. 1 Whether an interested party should be treated as a 'party' for disclosure under CPR Part 31
  2. 2 Whether specific or non-party disclosure should be ordered against Allwyn and Rothschild
  3. 3 Whether documents sought are necessary and proportionate under CPR r.31.12 and r.31.17

Ratio Decidendi

Allwyn was treated as a party for the purpose of specific disclosure under CPR r.31.12 in relation to documents it relied upon or adverse documents within its knowledge, due to its active participation and pleadings. Disclosure orders were made against Allwyn for specific categories, subject to conditions. The applications for non-party disclosure against Rothschild were dismissed as the documents sought were not relevant to the pleaded case, would not support the Claimants' case or adversely affect the Defendant's case, and disclosure was not necessary for fair disposal of the claim.

Court Disposition

Allwyn application allowed in part; Rothschild application dismissed

Orders

  • Allwyn to provide witness statements exhibiting known adverse documents for Categories 1-4, 5 (conditional), 6 (conditional), and 7 (conditional) as specified.
  • Application against Allwyn for Categories 8-10 dismissed.