![HT-2022-000132 - [2025] EWHC 1058 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
Background
Background
The claimants, The New Lottery Company (“TNLC”), bring proceedings against the defendant, the Gambling Commission (“the GC”), concerned with the procurement known as the Fourth National Lottery Competition (“4NLC”). The first interested party (“Allwyn”) was the successful bidder and the other interested parties are associated companies of Allwyn, the third interested party having being acquired after the competition.
There are two elements to the claims. The first element involves allegations of breach of the Concession Contracts Regulations 2016 in respect of the evaluation of the 4NLC bids. The second element involves allegations that the GC has, following the competition, unlawfully permitted substantial modifications to the Enabling Agreement and the Licence Agreement for the lottery. Other than as set out below, it is not necessary for the purposes of the present application to go into any further detail of the claims and defences.
- Heading
- Background
- Disclosure
- The parties’ disclosure exercises
- Legal principles: privilege
- Inadvertent disclosure of privileged material
- Specific issues relevant to the review in this case
- The subjective review
- The relevance of Quinn Emanuel’s review
- The 20 groups of Use Pursued Documents
- Documents which did not appear obviously privileged
- Line 15
- Line 16
- Line 20
- Line 22
- Lines 24, 25 and 26
- Line 12
- Documents where there is an identifiable Lawyer recipient/ Commentator but not obvious that the content is legal advice
- Line 14
- Redacted documents which had already been reviewed for privilege, and no obvious reason to question it
- Line 19
- Documents where redaction was inconsistent
- Documents in which the content is potentially legal advice or reflects the substance of legal advice, but it was considered these were deliberately disclosed as answering to D35
- Conclusions