Covid Inquiry: Cabinet Office loses legal challenge over request for Boris Johnson's Whatsapp messages

The Cabinet Office has lost a legal challenge over the Covid Inquiry's request for Boris Johnson's unredacted WhatsApp messages, notebooks and diaries.

Legal action was brought against the request made by inquiry chairwoman Baroness Heather Hallett, which argued that the materials were "unambiguously irrelevant" to the inquiry.

During the ruling, Lord Justice Dingemans and Mr Justice Garnham dismissed the claim for judicial review. stating that they believed Lady Hallett has "acted rationally" in asking for the documents.

They said: “The diaries and notebooks sought were very likely to contain information about decision making relating to the Covid-19 pandemic and therefore ‘relate to a matter in question at the inquiry’. The two judges added: “To answer the practical issue which seems to have divided the Cabinet Office and the chair of the inquiry, the chair of the inquiry may examine the contested documents, and if the chair of the inquiry agrees that they are obviously irrelevant, will return them.”

They added that the Cabinet Office could make a different application to Lady Hallett should they consider to keep challenging the request. However, the government has said that it will "comply fully" with the requests of the Inquiry following the High Court ruling.

A Government spokesperson said: “The inquiry is an important step to learn lessons from the pandemic and the Government is co-operating in the spirit of candour and transparency. As this judgement acknowledges, our judicial review application was valid as it raised issues over the application of the Inquiries Act 2005 that have now been clarified.

“The court’s judgement is a sensible resolution and will mean that the inquiry chair is able to see the information she may deem relevant, but we can work together to have an arrangement that respects the privacy of individuals and ensures completely irrelevant information is returned and not retained. We will comply fully with this judgement and will now work with the inquiry team on the practical arrangements.”

A spokesperson for Lady Hallett has confirmed that a new deadline of Monday 10 July has been introduced. The Cabinet Office is expected to hand over the materials to the inquiry by this date.

The government has said that it will work towards delivering the messages, notebooks and diaries by next week, with the Prime Minister's official spokesman adding that "all elements of this will be discussed in more detail with the inquiry”.

The legal challenge was met with criticism when it was launched by the Cabinet Office, with political opponents of the sitting Tory party condemning the use of public funds to make the challenge in the first place. Following the High Court ruling today (6 July), Labour deputy leader Angela Rayner said: “While the rest of the country battles the cost-of-living crisis, Rishi Sunak has been wasting time and taxpayers’, money on doomed legal battles to withhold evidence from the Covid Inquiry.

“After this latest humiliating defeat, the Prime Minister must accept the ruling and comply with the inquiry’s requests for evidence in full.

“The public deserve answers, not more attempts by the Prime Minister to undermine the Covid inquiry. There can be no more excuses for concealing the truth. It’s time to hand over the evidence.”

The ruling was also welcomed by Covid campaigning groups, which are hoping to gain answers about the pandemic and the UK's response through the inquiry. Deborah Doyle, spokeswoman for Covid-19 Bereaved Families For Justice UK, said: “This judicial review was a desperate waste of time and money.

“The inquiry needs to get to the facts if the country is to learn lessons that will save lives in the future. That means it needs to be able to access all of the evidence, not just what the Cabinet Office wants it to see.”