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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll