International Game Technology PLC & Ors v Gambling Commission (No. 2 - Consequentials) [2023] EWHC 2226 (TCC) (08 September 2023)

International Game Technology PLC & Ors v Gambling Commission (No. 2 - Consequentials) [2023] EWHC 2226 (TCC) (08 September 2023)

IGT lacked standing to challenge the award of the Fourth National Lottery Licence; as a result, the claims were dismissed, and IGT was ordered to pay the costs of both the Gambling Commission and Allwyn, including an interim payment to the Commission. Permission to appeal was refused as the grounds had no real...

Source-derived case information.

Citation
[2023] EWHC 2226 (TCC)
Parties
Claimant: International Game Technology PLC; Claimant: IGT Global Services Limited; Claimant: IGT Global Solutions Corporation; Claimant: IGT (UK 3) Limited; Claimant: IGT UK Interactive Limited; Claimant: IGT UK Limited; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Ltd; Interested Party: Allwyn International A. S.
Jurisdiction
England and Wales
Judgment Date
08 September 2023
Procedural Posture
Judicial Review / Procurement Challenge / Post Judgment; Consequential Matters Including Costs and Permission to Appeal
Outcome
Claims dismissed; costs orders made; permission to appeal refused.
Legal Topics
Standing in Procurement Challenges, Costs Orders for Interested Parties, Permission to Appeal, Interim Payment of Costs
Public Procurement Administrative Law Civil Procedure Standing in Procurement Challenges Costs Orders for Interested Parties Permission to Appeal Interim Payment of Costs

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Parties

International Game Technology PLC

Claimant

IGT Global Services Limited

Claimant

IGT Global Solutions Corporation

Claimant

IGT (UK 3) Limited

Claimant

IGT UK Interactive Limited

Claimant

IGT UK Limited

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Ltd

Interested Party

Allwyn International A. S.

Interested Party

Procedural Posture

Judicial Review / Procurement Challenge / Post Judgment; Consequential Matters Including Costs and Permission to Appeal

Legal Issues

  1. 1 Whether claimants had standing to challenge the award of the Fourth National Lottery Licence
  2. 2 Whether Allwyn as interested party is entitled to costs
  3. 3 Appropriate interim payment on account of costs

Ratio Decidendi

IGT lacked standing to challenge the award of the Fourth National Lottery Licence; as a result, the claims were dismissed, and IGT was ordered to pay the costs of both the Gambling Commission and Allwyn, including an interim payment to the Commission. Permission to appeal was refused as the grounds had no real prospect of success and there was no compelling reason to grant permission.

Court Disposition

Claims dismissed; costs orders made; permission to appeal refused.

Orders

  • Judgment for the Commission on the Preliminary Issue.
  • Claims HT-2022-000113 and HT-2022-000420 dismissed.