Law digests: 29 September 2023

Costs

International Game Technology PLC and other companies v Gambling Commission [2023] EWHC 2226 (TCC), [2023] All ER (D) 32 (Sep)

The Technology and Construction Court dismissed permission to appeal by the claimants’ (together, IGT) and made a cost order against them in favour of the defendant Gambling Commission (the Commission) and the interested parties (together, Allwyn). The preliminary issues had been decided in favour of the Commission and it had been concluded that IGT had no standing to challenge the Commission’s award to Allwyn of the licence to run the Fourth National Lottery. The present matter addressed consequential matters. It fell to be determined whether (i) the Commission should have been awarded its claim against IGT for the cost of the claims and for a payment on account of those costs; (ii) Allwyn should be granted an order that IGT should pay their costs and; (iii) IGT’s application for permission to appeal should be granted. The court held that (i) an amount had to be identified and paid on account rather