International Game Technology PLC & Ors v The Gambling Commission

International Game Technology PLC & Ors v The Gambling Commission

IGT lacked standing to challenge the procurement decision; the Commission and Allwyn were entitled to their costs, with an interim payment ordered to the Commission; permission to appeal was refused as the grounds had no real prospect of success and no compelling reason was shown.

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
11 October 2024
Procedural Posture
Judicial Review / Procurement Challenge / Consequentials Judgment Following Determination of Preliminary Issue
Outcome
Claims dismissed; costs awarded to the Commission and Allwyn; permission to appeal refused.
Legal Topics
Standing in Procurement Challenges, Costs Orders, Permission to Appeal
Public Procurement Administrative Law Civil Procedure Standing in Procurement Challenges Costs Orders Permission to Appeal

Case Brief

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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 / Consequentials Judgment Following Determination of Preliminary Issue

Legal Issues

  1. 1 Whether IGT had standing to challenge the award of the Fourth National Lottery Licence
  2. 2 Entitlement of the Gambling Commission and Allwyn to costs
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

IGT lacked standing to challenge the procurement decision; the Commission and Allwyn were entitled to their costs, with an interim payment ordered to the Commission; permission to appeal was refused as the grounds had no real prospect of success and no compelling reason was shown.

Court Disposition

Claims dismissed; costs awarded to the Commission and Allwyn; permission to appeal refused.

Orders

  • IGT to pay the Commission's costs, including an interim payment of £2.1 million by 4pm on 13 September 2023.
  • IGT to pay Allwyn's costs on the same basis as the Commission's costs, without deduction for the Preliminary Issue.