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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll