header-logo header-logo

12 July 2023
Issue: 8033 / Categories: Legal News , Public , Covid-19
printer mail-detail

Inquiry chair decides relevance

The Cabinet Office failed to convince the High Court that Covid-19 Inquiry chair Dame Hallett’s request for WhatsApp messages and notebooks of former Prime Minister Boris Johnson was ultra vires and irrational

The government’s argument centred on its view that Dame Hallett sought documents that were not relevant to the inquiry, and moreover that this would set a precedent that could inhibit ministers and officials in future. Dame Hallett, on the other hand, believed she should decide what was or was not relevant.

Lord Justice Dingemans and Mr Justice Garnham granted Cabinet Office permission to apply for judicial review because the claim raised issues about the interpretation of the Inquiries Act 2005, s 21 notice requiring disclosure. Ruling in R (Cabinet Office) v Chair of the UK Covid-19 Inquiry & Ors [2023] EWHC 1702 (Admin) last week, however, the court dismissed the claim.

Dingemans LJ and Garnham J found Dame Hallett was not acting irrationally in seeking disclosure because she was ‘entitled to take the view that the documents requested related to a matter in question at the inquiry’.

On the ultra vires point, they said: ‘In our judgment the fact that the s 21 notice will yield some irrelevant documents does not invalidate the notice… inquiries are to be given a latitude, not provided to parties in civil proceedings, to enable them to “fish” for documents, meaning to make informed but speculative requests for documents relevant to lines of inquiry, or documents which lead to new lines of inquiry. Such an exercise is bound to lead to the inclusion of some irrelevant material.'

Carl Gardner, professional support lawyer at LexisNexis, said the government’s argument was ‘an ambitious submission that, had it succeeded, would have limited the power of public inquiries considerably. In accordance with this judgment, it's for the Inquiry Chair to rule on the relevance of any document.’

Issue: 8033 / Categories: Legal News , Public , Covid-19
printer mail-details

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll