header-logo header-logo

07 June 2023
Issue: 8028 / Categories: Legal News , Covid-19 , Public , Judicial review
printer mail-detail

WhatsApp & COVID inquiry stand-off going to court

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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