Claims of irregularities in the National Lottery licence award process were rejected by the UK High Court in April
The UK Court of Appeal has refused Northern & Shell (N&S) and The New Lottery Company application to appeal their lost claim for damages in relation to the UK’s National Lottery licence.
Richard Desmond’s two companies had applied to appeal part of the High Court’s decision from April, which had dismissed all of their claims against the Gambling Commission.
The High Court found against TNLC in respect of all its claims relating to the competition to award the 4th National Lottery licence and the subsequent modifications made to the agreement between the Gambling Commission and the successful bidder, Allwyn UK.
All three grounds of appeal were dismissed by Lord Justice Coulson, concluding that TNLC should not be permitted to raise a new legal argument in particular where it amounted to running an argument expressly ruled out in the High Court, and that even on some lesser standard of proof, the TNLC’s prospects of success would have been vanishingly small.
The Judge also noted that TNLC has suffered no loss in practical terms.
“This is an important decision for the operation of The National Lottery and one that we welcome,” said a Commission spokesperson. “The Gambling Commission ran a fair and robust competition to award the Fourth National Lottery Licence and that none of the contested changes to the Licence, in the course of its implementation, were substantial or contrary to the relevant procurement regulations.
“The decision gives resounding support to Good Causes by enabling Allwyn, with oversight from the Commission, to continue with their plans for investment in The National Lottery without further distraction. Our priority remains to continue regulating The National Lottery for the benefit of participants and Good Causes.”
Northern & Shell has operated The Health Lottery in the UK since 2011.