header-logo header-logo

19 May 2023 / Nicholas Dobson
Issue: 8025 / Categories: Features , Public
printer mail-detail

Policies are not the same as law

122337
A claim that government business discussed over WhatsApp was unlawful has been dismissed by the Court of Appeal: Nicholas Dobson reports
  • In R (Good Law Project Ltd) v Prime Minister, the Court of Appeal ruled that there was no implied duty under the Public Records Act 1958 to retain records; and no duty on ministers (enforceable by judicial review) to comply with specified policies.
  • Consequently, the Good Law Project’s appeal and claim for judicial review were both dismissed.

The drug dealer Sportin’ Life in George and Ira Gershwin’s 1935 opera Porgy and Bess was sceptical about some episodes in the Bible (or, as it’s often called, the Good Book). So, as he sang: ‘It ain’t necessarily so/The t’ings dat yo’ li’ble/To read in de Bible/It ain’t necessarily so.’

This might also sometimes be said of the views of the Good Law Project (GLP) on what’s lawful and what’s not. For instance, when the GLP challenged as unlawful the use of private communication systems for governmental

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll