New Lottery Company v Gambling Commission: High Court reinforces the high bar for procurement challenges
The High Court’s decision in New Lottery Company v Gambling Commission [2026] EWHC 891 (TCC) provides an important reminder of the evidential and legal burden facing claimants in complex procurement disputes.
The case arose from the award of the fourth UK National Lottery Licence to Allwyn. The incumbent operator’s bid vehicle, New Lottery Company, challenged the procurement process, including the evaluation and scoring of bids, as well as subsequent modifications made to the licence after award. Damages of up to £1.3 billion were reportedly sought.
The Court dismissed the claims in their entirety.
For lawyers, public bodies, developers, investors and other stakeholders involved in regulated procurement processes, the judgment is significant. It reinforces the Court’s reluctance to interfere with complex procurement evaluations unless there is a clear legal basis to do so. It also highlights the commercial impact that procurement challenges can have, even where they ultimately fail.
