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.