The High Court has today issued judgment to lift the statutory Automatic Suspension in claims brought by Camelot and IGT (estimated value £500m) against the Gambling Commission’s decision to award the Fourth National Lottery Licence. The Suspension prevented the Commission from entering into a transition agreement for or issuing a new Licence until the claims were decided. Pending any application to appeal the High Court’s judgment, the Commission will be able to enter into a transition agreement with Allwyn, its preferred applicant to provide lottery services.
Applying the American Cyanamid test, Mrs Justice O’Farrell held that whilst there was a serious issue to be tried in the claims, damages would be adequate remedies for the claimants if the Suspension was lifted and would not be for the Commission if the suspension was maintained. The decision turned on the balance of convenience, which, as between both of the parties and the public interest, the Judge considered favoured lifting the Suspension.
Camelot and IGT are, respectively, the incumbent national lottery provider and subcontractor under the current Third National Lottery Licence (due to expire in 2024). They are challenging the legality of the Commission’s award of the Fourth Licence to Allwyn.
The claims continue.
Jason Coppel KC represents the Camelot claimants. Joseph Barrett represents Allwyn, the Interested Party. Jen Coyne represents the IGT claimants.
Please find the jugdment here.