Tortoise Media Limited, R (on the application of) v Conservative and Unionist Party

Tortoise Media Limited, R (on the application of) v Conservative and Unionist Party

The Conservative and Unionist Party was not exercising a public function when it conducted its 2022 leadership election. The act of electing a party leader is a private act, even if it has significant public consequences, and is not transformed into a public function by the operation of constitutional conventions or the likelihood that the leader will become Prime Minister. Therefore, the Party's refusal to provide information was not amenable to judicial review and did not engage obligations under the Human Rights Act 1998 or Article 10 ECHR.

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 of Claim for Judicial Review After Permission Granted by Court of Appeal
Outcome
Claim for judicial review dismissed
Legal Topics
Public Function Under Human Rights Act, Amenability to Judicial Review, Disclosure of Information, Political Parties and Public Law, Freedom of Expression (article 10 Echr)
Constitutional Law Administrative Law Human Rights Public Function Under Human Rights Act Amenability to Judicial Review Disclosure of Information Political Parties and Public Law Freedom of Expression (article 10 Echr)

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 5 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 of Claim for Judicial Review After Permission Granted by Court of Appeal

Legal Issues

  1. 1 Whether the Conservative and Unionist Party was exercising a public function under section 6 of the Human Rights Act 1998 when conducting its 2022 leadership election
  2. 2 Whether refusal to disclose information about the leadership election was amenable to judicial review
  3. 3 Whether Article 10 ECHR imposes a positive obligation to provide information in these circumstances

Ratio Decidendi

The Conservative and Unionist Party was not exercising a public function when it conducted its 2022 leadership election. The act of electing a party leader is a private act, even if it has significant public consequences, and is not transformed into a public function by the operation of constitutional conventions or the likelihood that the leader will become Prime Minister. Therefore, the Party's refusal to provide information was not amenable to judicial review and did not engage obligations under the Human Rights Act 1998 or Article 10 ECHR.

Court Disposition

Claim for judicial review dismissed

Orders

  • Claim for judicial review is dismissed
  • No order for disclosure of information by the Conservative and Unionist Party