The UK Court of Appeal has rejected a renewed attempt by The New Lottery Company and Northern & Shell to appeal findings concerning changes made to the UK National Lottery licence after it was awarded to Allwyn.
Lord Justice Coulson dismissed all three proposed grounds of appeal, ruling that TNLC should not be permitted to introduce a new legal argument that had been expressly excluded during the High Court proceedings.
The judge also concluded that its prospects of success would have been “vanishingly small”, even under a lower standard of proof.
The decision follows an April judgment in which Mrs Justice Joanna Smith dismissed TNLC and Northern & Shell’s claims against the UK Gambling Commission. The companies had challenged the conduct of the competition to award the Fourth National Lottery Licence and modifications subsequently made to the licence and transition arrangements with successful bidder Allwyn.
The High Court rejected the allegations in full, finding that the UKGC had conducted a lawful competition and that the contested changes were not substantial under the relevant procurement regulations.
TNLC did not seek permission to appeal the findings concerning the original competition process. Its application related to parts of the claim challenging the subsequent licence modifications. The High Court had already refused permission to appeal in May before the companies applied directly to the Court of Appeal.
A UKGC spokesperson said: “This is an important decision for the operation of The National Lottery and one that we welcome. It 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.”
Allwyn has operated the National Lottery under the fourth licence since February 2024. The licence runs until January 2034.
