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19 May 2023 / Nicholas Dobson
Issue: 8025 / Categories: Features , Public
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Policies are not the same as law

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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

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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