Upholding the High Court Decision and Protecting Good Causes
The Court of Appeal has refused an application by The New Lottery Company Limited (TNLC) and Northern & Shell PLC to appeal part of the High Court’s April 2026 decision, which previously dismissed all claims brought against the Gambling Commission.
The original High Court ruling found against TNLC across all claims relating to the competition for the 4th National Lottery licence and subsequent agreement modifications made between the Gambling Commission and winning bidder Allwyn UK. Coulson LJ dismissed all three grounds of appeal, concluding that TNLC should not be permitted to raise a new legal argument, particularly one that amounted to running an argument explicitly ruled out in the High Court.
Furthermore, the judge noted that even under a lesser standard of proof, TNLC’s prospects of success would be “vanishingly small” and that the company has suffered no loss in practical terms.
Commission and Industry Impact
A spokesperson for the Gambling Commission welcomed the ruling:
“This is an important decision for the operation of The National Lottery and one that we welcome. 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 spokesperson added:
“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.”
Launched in 1994, The National Lottery remains one of the world’s largest lotteries, with players collectively raising more than £53 billion for over 680,000 Good Causes across the UK.
