The New Lottery Company Ltd v The Gambling Commission [2025] EWHC 486 (TCC) (05 February 2025)

The New Lottery Company Ltd v The Gambling Commission [2025] EWHC 486 (TCC) (05 February 2025)

The defendant's errors in disclosure of privileged documents are not a valid reason to delay the litigation timetable; the defendant must adapt its review process to meet the court's directions. Costs of the hearing are awarded against the defendant as the issues arose from its errors.

Citation
[2025] EWHC 486 (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 (formerly known as Allwyn International AS); Interested Party: Camelot UK Lotteries Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Procurement Dispute (technology and Construction Court) / Interlocutory Directions Hearing on Disclosure and Costs
Outcome
Directions given for expedited identification and handling of privileged documents; costs awarded against defendant.
Legal Topics
Disclosure of Privileged Documents, Case Management, Limitation Periods, Costs Assessment
Civil Procedure Public Procurement Disclosure of Privileged Documents Case Management Limitation Periods Costs Assessment

Case Brief

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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 (formerly known as Allwyn International AS)

Interested Party

Camelot UK Lotteries Limited

Interested Party

Procedural Posture

Procurement Dispute (technology and Construction Court) / Interlocutory Directions Hearing on Disclosure and Costs

Legal Issues

  1. 1 Whether the defendant's errors in disclosure of privileged documents should affect the case management timetable
  2. 2 Appropriate directions for the identification and handling of inadvertently disclosed privileged documents
  3. 3 Appropriate orders as to costs arising from the directions hearing

Ratio Decidendi

The defendant's errors in disclosure of privileged documents are not a valid reason to delay the litigation timetable; the defendant must adapt its review process to meet the court's directions. Costs of the hearing are awarded against the defendant as the issues arose from its errors.

Court Disposition

Directions given for expedited identification and handling of privileged documents; costs awarded against defendant.

Orders

  • Claimants' application to be heard on 7 March 2025.
  • Defendant to identify further claims of inadvertent disclosure by 14 February 2025.