International Game Technology Plc & Ors v The Gambling Commission

International Game Technology Plc & Ors v The Gambling Commission

The court granted the defendant's application for a preliminary issue on standing, finding it a short point of law likely to be decisive or significantly narrow the case, and suitable for early determination without delaying the main trial. The court also granted, if needed, permission for the claimants to use Camelot's disclosed documents and witness statements, finding the parties had proceeded on a joint case management basis and that there were cogent reasons for collateral use. The court ordered further breakdown and key documents in support of the claim for loss of profit to be disclosed, balancing the defendant's entitlement with confidentiality and proportionality. Allwyn was...

Parties
Claimant: International Game Technology PLC; Claimant: IGT Global Services Limited; Claimant: Global Solutions Corporation; Claimant: IGT (UK3) Limited; Claimant: IGT UK Interactive Limited; Claimant: IGT UK Limited; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Limited; Interested Party: Allwyn International AS; Interested Party: Camelot
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Procurement / Case Management Conference and Interlocutory Applications
Outcome
Defendant's application for a preliminary issue granted; permission (if needed) for claimants to use Camelot documents granted; order for further information and disclosure on loss of profit claim granted; Allwyn permitted to participate in preliminary issue trial; costs reserved or costs in the case as specified.
Legal Topics
Standing of Economic Operators, Collateral Use of Documents, Disclosure and Further Information, Case Management, Costs
Public Procurement Civil Procedure Standing of Economic Operators Collateral Use of Documents Disclosure and Further Information Case Management Costs

Case Brief

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Parties

International Game Technology PLC

Claimant

IGT Global Services Limited

Claimant

Global Solutions Corporation

Claimant

IGT (UK3) Limited

Claimant

IGT UK Interactive Limited

Claimant

IGT UK Limited

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Limited

Interested Party

Allwyn International AS

Interested Party

Camelot

Interested Party

Procedural Posture

Judicial Review / Procurement / Case Management Conference and Interlocutory Applications

Legal Issues

  1. 1 Whether claimants have standing to bring a claim under Regulation 52 of the Concession Contracts Regulations 2016
  2. 2 Whether claimants are economic operators to whom a duty is owed under the Regulations
  3. 3 Whether claimants can use Camelot's disclosed documents and witness statements

Ratio Decidendi

The court granted the defendant's application for a preliminary issue on standing, finding it a short point of law likely to be decisive or significantly narrow the case, and suitable for early determination without delaying the main trial. The court also granted, if needed, permission for the claimants to use Camelot's disclosed documents and witness statements, finding the parties had proceeded on a joint case management basis and that there were cogent reasons for collateral use. The court ordered further breakdown and key documents in support of the claim for loss of profit to be disclosed, balancing the defendant's entitlement with confidentiality and proportionality. Allwyn was...

Court Disposition

Defendant's application for a preliminary issue granted; permission (if needed) for claimants to use Camelot documents granted; order for further information and disclosure on loss of profit claim granted; Allwyn permitted to participate in preliminary issue trial; costs reserved or costs in the case as specified.

Orders

  • Preliminary issue hearing fixed for 26-29 June 2023 to determine standing/actionability under the Regulations.
  • Permission (if needed) granted for claimants to use Camelot's disclosed documents and witness statements.