The New Lottery Company Ltd & Anor v The Gambling Commission [2026] EWHC 891 (TCC) (17 April 2026)

The New Lottery Company Ltd & Anor v The Gambling Commission [2026] EWHC 891 (TCC) (17 April 2026)

The court held that the Gambling Commission did not commit manifest errors in the evaluation of TNLC's bid, did not breach transparency or equal treatment obligations, and that the modifications to the Enabling Agreement and Fourth Licence were neither substantial nor foreseeable so as to require a new competition under Regulation 43 CCR 2016. TNLC failed to pass mandatory pass/fail criteria, and causation for damages was not established. Both the Process Claim and Modifications Claim were dismissed.

Citation
[2026] EWHC 891 (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 A. G. (formerly known as Allwyn International A. S. and Sazka Group A. S); Interested Party: Camelot UK Lotteries Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Judicial Review / Procurement Challenge / Final Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Procurement Process, Manifest Error, Transparency, Equal Treatment, Modification of Contracts, Damages for Loss of Chance, National Lottery Licensing
Public Procurement Administrative Law Contract Law Regulatory Law Procurement Process Manifest Error Transparency Equal Treatment +3 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. (formerly known as Allwyn International A. S. and Sazka Group A. S)

Interested Party

Camelot UK Lotteries Limited

Interested Party

Procedural Posture

Judicial Review / Procurement Challenge / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Gambling Commission committed manifest errors in the evaluation of TNLC's bid for the Fourth National Lottery Licence
  2. 2 Whether the Commission breached obligations of transparency and equal treatment under the Concession Contracts Regulations 2016
  3. 3 Whether modifications to the Enabling Agreement and Fourth Licence were substantial and/or foreseeable under Regulation 43 CCR 2016, requiring a new competition

Ratio Decidendi

The court held that the Gambling Commission did not commit manifest errors in the evaluation of TNLC's bid, did not breach transparency or equal treatment obligations, and that the modifications to the Enabling Agreement and Fourth Licence were neither substantial nor foreseeable so as to require a new competition under Regulation 43 CCR 2016. TNLC failed to pass mandatory pass/fail criteria, and causation for damages was not established. Both the Process Claim and Modifications Claim were dismissed.

Court Disposition

Claims dismissed

Orders

  • Both the Process Claim and Modifications Claim are dismissed.
  • No damages awarded to the claimants.