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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll