The New Lottery Company Limited & Anor v The Gambling Commission

The New Lottery Company Limited & Anor v The Gambling Commission

Permission to use inadvertently disclosed privileged documents depends on whether it should have been obvious to a reasonable solicitor that the disclosure was a mistake. Where documents were not obviously privileged, or the mistake was not obvious, permission is granted. Where documents were clearly privileged, marked as such, or contained legal advice, and the mistake should have been obvious, permission is refused. The court applied the Al Fayed principles, considering the nature of the documents, the disclosure process, the involvement of lawyers, inconsistent redactions, and the context of agreed disclosure issues.

Parties
Claimant: The New Lottery Company Limited; Claimant: Northern and Shell PLC; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Limited; Interested Party: Allwyn International AG; Interested Party: Camelot UK Lotteries Limited
Jurisdiction
England and Wales
Judgment Date
05 June 2025
Procedural Posture
Judicial Review / Ruling on Use of Inadvertently Disclosed Privileged Documents
Outcome
Mixed: Permission granted for claimants to use some inadvertently disclosed documents; permission refused for others where mistake was obvious.
Legal Topics
Privilege, Disclosure, Concession Contracts Regulations, Legal Advice Privilege, Litigation Privilege, Inadvertent Disclosure
Civil Procedure Procurement Law Privilege Disclosure Concession Contracts Regulations Legal Advice Privilege Litigation Privilege Inadvertent Disclosure

Case Brief

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Parties

The New Lottery Company Limited

Claimant

Northern and Shell PLC

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Limited

Interested Party

Allwyn International AG

Interested Party

Camelot UK Lotteries Limited

Interested Party

Procedural Posture

Judicial Review / Ruling on Use of Inadvertently Disclosed Privileged Documents

Legal Issues

  1. 1 Whether claimants may use documents inadvertently disclosed by the defendant over which privilege is claimed
  2. 2 Whether the disclosure was an obvious mistake under CPR 31.20
  3. 3 Application of legal advice privilege and litigation privilege

Ratio Decidendi

Permission to use inadvertently disclosed privileged documents depends on whether it should have been obvious to a reasonable solicitor that the disclosure was a mistake. Where documents were not obviously privileged, or the mistake was not obvious, permission is granted. Where documents were clearly privileged, marked as such, or contained legal advice, and the mistake should have been obvious, permission is refused. The court applied the Al Fayed principles, considering the nature of the documents, the disclosure process, the involvement of lawyers, inconsistent redactions, and the context of agreed disclosure issues.

Court Disposition

Mixed: Permission granted for claimants to use some inadvertently disclosed documents; permission refused for others where mistake was obvious.

Orders

  • Claimants may use documents where mistake was not obvious to a reasonable solicitor.
  • Claimants may not use documents where mistake was obvious and privilege asserted.