header-logo header-logo

WhatsApp & COVID inquiry stand-off going to court

07 June 2023
Issue: 8028 / Categories: Legal News , Covid-19 , Public , Judicial review
printer mail-detail
The judicial review (JR) into whether the chair of the COVID inquiry, Lady Hallett, can view ministers’ unredacted WhatsApp files, notebooks and other documents has been expedited and is likely to hold its first hearing at the end of this month, the Cabinet Office minister told MPs this week.

The government is seeking an order quashing the notice given under s 21 of the Inquiries Act 2005 (IA 2005), on the grounds the inquiry’s request for ‘unambiguously irrelevant material’ goes beyond its powers and breaches legitimate expectations of privacy and protection of personal information. Lady Hallett says all the information is potentially relevant since she needs to understand the wider context and that she should take the final decision on relevance.

At a preliminary hearing of the COVID Inquiry this week, Lady Hallett declined to comment on the JR but confirmed the Cabinet Office invited her to withdraw her s 21 notice requiring the production of certain documents.

Counsel for the inquiry, Hugo Keith KC, told Lady Hallett that former prime minister Boris Johnson’s unredacted WhatsApps and notebooks would be compared with redacted copies provided by the Cabinet Office, to ‘allow your team to make its own assessment’.

Commenting for LexisNexis News, Sir Jonathan Jones KC of Linklaters, said: ‘It is a very unusual situation.

‘A government has previously sought JR against a public inquiry—Lord Saville’s Bloody Sunday Inquiry. But this is the first such challenge to an inquiry under the IA 2005. And it is the first to relate specifically to an inquiry’s information-gathering powers under that Act. In any case, it is pretty unusual for the government to be a claimant in a JR: it is normally the defendant.’

Sir Jonathan said: ‘The government would seem to have an uphill task in showing that Lady Hallett is acting unlawfully, given the breadth of the inquiry’s terms of reference and her powers under the IA 2005, and the importance of the function which the Inquiry is undertaking in the public interest.

‘There is also the complication that Boris Johnson has apparently already handed over some of the material direct to the Inquiry, potentially rendering the JR partly academic, and undermining aspects of the government’s arguments on privacy.’

Issue: 8028 / Categories: Legal News , Covid-19 , Public , Judicial review
printer mail-details

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
back-to-top-scroll