Implications of the High Court’s judgment in the National Lottery case for procurement and commercial judicial review law and practice


20/09/2023 | 10:00 am 11:00 am
Zoom Webinar

On 28 July 2023, following a trial of preliminary issues, Coulson LJ (sitting in the High Court) handed down a seminal judgment on the scope of the rights of action conferred by the domestic public procurement regime: IGT v Gambling Commission & Allwyn Entertainment Limited [2023] EWHC 1961 (TCC).

Coulson LJ held that, on their proper construction, the domestic procurement regulations only confer a cause of action on legal entities which seek to obtain a public contract, i.e. bidders or potential bidders.

It followed that the IGT proceedings – which were brought by companies that would have acted as sub-contractors (or their related parties) to Camelot in its bid to be awarded the Fourth National Lottery – fell to be dismissed.

At a further hearing on 30 August 2023, Coulson LJ held that the Interested Party in the litigation, the successful bidder – Allwyn, was entitled to recover its costs against the IGT Claimants.

Joseph Barrett (counsel for Allwyn) and Jen Coyne (counsel for IGT) will address the key lessons arising from the Judgment:

  •  The scope, following Coulson LJ’s judgment, of the rights of action and remedies conferred by the Public Contracts Regulations 2015 and other domestic procurement regulations.
  • The practical implications for the various legal entities involved in bids in regulated procurement competitions.
  •  The scope for other remedies or causes of action to provide means of redress for sub-contractors and other parties who are not themselves bidders.
  • The evolving, and increasingly significant, role of the successful bidder in substantial public contract and other commercial judicial review litigation.
  • The implications of Coulson LJ’s Judgment for the Court’s likely approach to the scope of the rights of action and remedies to be conferred under the Procurement Bill.
DetailsHow to Book

Date: Wednesday 20 September

Time: 10am-11am

Cost: Free of charge

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