Source: All England Reporter
Publisher Citation: [2012] All ER (D) 135 (Aug)
Neutral Citation: [2012] EWHC 2391 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Stanley Burnton LJ and Kenneth Parker J

Representation David Pannick QC and Kate Gallafent (instructed by Baker & McKenzie) for the claimant.
  James Goudie QC and Christopher Knight (instructed by Field Fisher Waterhouse) for the Commission.
  Thomas Sharpe QC and James Dingemans QC (instructed by Rosenblatt Solicitors) for the ELM.
  Susanna Fitzgerald QC and Alexander Brown (instructed by Salans) for the interested parties.
Judgment Dates: 22 August 2012

Catchwords

Gaming - Lottery - Lottery operating licences - Claimant being licensed operator of National Lottery - Defendant Gambling Commission granting lottery manager licences and operating licences for operation of Health Lottery scheme - Claimant requesting Commission review decision to grant licences - Claimant submitting Health Lottery scheme circumventing restrictions imposed on granting of licences - Commission refusing to carry out review in terms requested by claimant - Claimant seeking to judicially review Commission's refusal - Commission submitting claimant guilty of delay in bringing proceedings - Whether claimant delaying in issuing proceedings - Whether claimant having real prospect of success - , .

The Case

Gaming Lottery. The Divisional Court dismissed the claimant's claim for judicial review of a decision of the Gambling Commission to refuse to carry out a review of the Health Lottery, since there had been considerable undue delay on the part of the claimant in bringing the proceedings and the claimant had, in any event, failed to establish a claim with a real prospect of success.

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