Divisional Court dismisses Cabinet Office challenge to the UK Covid-19 Inquiry

On 6 July 2023, the Divisional Court (Dingemans LJ and Garnham J) gave judgment in R (Cabinet Office) v Chair of the UK Covid-19 Inquiry [2023] EWHC 1702 (Admin).  In doing so, it found that the Chair of the Inquiry was acting within her powers when she had requested the disclosure of a series of WhatsApp messages and other documents) in unreacted form from the Cabinet Office, notwithstanding that some of those messages turned out to be irrelevant to the Inquiry’s terms of reference.  The Court also dismissed the Cabinet Office’s argument that the Chair had acted irrationally in requesting and retaining the information.  The judgment has been widely reported: see here, here and here.

The Cabinet Office was represented by Sir James Eadie KC, the Chair of the UK Covid Inquiry by Hugo Keith KC and The Rt. Hon. Boris Johnson by Lord Pannick KC.

Ben Fullbrook appeared on behalf of the First Interested Party.