The New Lottery Company Limited & Anor v The Gambling Commission

The New Lottery Company Limited & Anor v The Gambling Commission

The Court held that the Gambling Commission did not commit manifest error in evaluating TNLC’s bid, acted within its discretion, and complied with obligations of equal treatment and transparency. The Commission lawfully managed conflicts of interest and took proportionate steps to neutralise Camelot’s incumbency advantage. Modifications to the Enabling Agreement and Fourth Licence were not substantial and were foreseeable; thus, no new procurement was required. TNLC failed to prove it would have passed all pass/fail criteria or had a real chance of winning in a hypothetical re-run. The claims were also time-barred. TNLC suffered no loss and lacked standing.

Parties
Claimant: The New Lottery Company Limited; Claimant: Northern & Shell PLC; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Limited; Interested Party: Allwyn International A.G.; Interested Party: Camelot UK Lotteries Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Judgment (high Court of England and Wales, Technology and Construction Court) / Final Judgment After Full Trial
Outcome
Claims dismissed
Legal Topics
Manifest Error, Equal Treatment, Transparency, Modification of Contracts, Conflict of Interest, Incumbency Advantage, Standing, Damages, Limitation
Public Procurement Contract Law Administrative Law Manifest Error Equal Treatment Transparency Modification of Contracts Conflict of Interest +4 more

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 A.G.

Interested Party

Camelot UK Lotteries Limited

Interested Party

Procedural Posture

Judgment (high Court of England and Wales, Technology and Construction Court) / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the Gambling Commission committed manifest error in the evaluation of TNLC’s bid for the Fourth National Lottery Licence (4NLC)
  2. 2 Whether the Commission breached obligations of equal treatment, transparency, or proportionality under the Concession Contracts Regulations 2016 (CCR 2016)
  3. 3 Whether the Commission failed to address or remedy conflicts of interest (Rothschild/Allwyn)

Ratio Decidendi

The Court held that the Gambling Commission did not commit manifest error in evaluating TNLC’s bid, acted within its discretion, and complied with obligations of equal treatment and transparency. The Commission lawfully managed conflicts of interest and took proportionate steps to neutralise Camelot’s incumbency advantage. Modifications to the Enabling Agreement and Fourth Licence were not substantial and were foreseeable; thus, no new procurement was required. TNLC failed to prove it would have passed all pass/fail criteria or had a real chance of winning in a hypothetical re-run. The claims were also time-barred. TNLC suffered no loss and lacked standing.

Court Disposition

Claims dismissed

Orders

  • Process Claim dismissed in its entirety
  • Modifications Claim dismissed in its entirety