Tortoise Media Ltd, R (On the Application Of) v Conservative and Unionist Party [2025] EWCA Civ 673 (23 May 2025)

Tortoise Media Ltd, R (On the Application Of) v Conservative and Unionist Party [2025] EWCA Civ 673 (23 May 2025)

The Conservative Party was not exercising a public function when it conducted its leadership election in 2022; the act was private in nature and not transformed into a public function by its consequences or constitutional conventions. Therefore, the Party is not amenable to judicial review under section 6 of the Human Rights Act 1998, and the claim must be dismissed.

Citation
[2025] EWCA Civ 673
Parties
Claimant: Tortoise Media Limited; Defendant: Conservative and Unionist Party; Intervener: Chancellor of the Duchy of Lancaster
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Judicial Review / Substantive Hearing Following Permission Granted by Court of Appeal
Outcome
Claim dismissed
Legal Topics
Public Function, Judicial Review, Freedom of Information, Article 10 ECHR, Political Parties
Constitutional Law Administrative Law Human Rights Public Function Judicial Review Freedom of Information Article 10 ECHR Political Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Tortoise Media Limited

Claimant

Conservative and Unionist Party

Defendant

Chancellor of the Duchy of Lancaster

Intervener

Procedural Posture

Judicial Review / Substantive Hearing Following Permission Granted by Court of Appeal

Legal Issues

  1. 1 Whether the Conservative Party was exercising a public function when conducting its 2022 leadership election
  2. 2 Whether refusal to disclose information about the leadership election is amenable to judicial review under section 6 Human Rights Act 1998

Ratio Decidendi

The Conservative Party was not exercising a public function when it conducted its leadership election in 2022; the act was private in nature and not transformed into a public function by its consequences or constitutional conventions. Therefore, the Party is not amenable to judicial review under section 6 of the Human Rights Act 1998, and the claim must be dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • No order as to disclosure of information