The Court of Appeal has lifted the automatic suspension on contract making in relation to the award of the Fourth Licence to operate the UK National Lottery.
The Court of Appeal had previously granted the claimant groups, Camelot and IGT, permission to appeal the first instance judgment of O’Farrell J holding that the suspension should be brought to an end.
Both claimant groups have now withdrawn their appeals. The Court of Appeal’s order has brought the automatic suspension to an end.
Allwyn (the winning bidder) and the Gambling Commission will now proceed to enter into the Fourth National Lottery Licence. Camelot’s c. 30 years operatorship of the National Lottery is brought to an end. The claimants will now be confined to seeking a remedy in damages.
In a separate judgment in the proceedings, O’Farrell J has also decided a number of procedural issues of some wider interest in procurement law.
In particular, the Judge granted Allwyn’s application to have full participation rights in the trial of liability of the claimants’ claims. Allwyn is accordingly entitled to file evidence, make oral and written submissions and cross-examine witnesses. The Judge held that in circumstances where the claims comprised criticisms or attacks on the viability or deliverability of Allwyn’s bid, Allwyn had a separate interest from the Gambling Commission that justified its full participation at the trial. The judgment provides useful guidance on the considerations that will inform the Court’s approach to defining the scope of an Interested Party’s participation at trial in procurement litigation.
O’Farrell J also ordered that Camelot and IGT should be liable for Allwyn’s costs of the application to lift the suspension. The judgment provides helpful guidance on the circumstances in which an Interested Party can expect to recover its costs of participating in an application to lift an automatic suspension.
Joseph Barrett of 11KBW appeared successfully for Allwyn, the successful bidder.
Jason Coppel KC was leading counsel for the Camelot claimants. Jen Coyne was junior counsel for the IGT claimants.
A copy of the Court of Appeal’s judgment in granting permission to appeal can be found here.
A copy of the judgment of O’Farrell J on Allwyn’s application to participate at trial can be found here.
A copy of the costs judgment can be found here.
