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Policies are not the same as law

19 May 2023 / Nicholas Dobson
Issue: 8025 / Categories: Features , Public
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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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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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