The Good Law Project, R (on the application of) v The Prime Minister & Ors

The Good Law Project, R (on the application of) v The Prime Minister & Ors

There is no implied duty under section 3(1) of the Public Records Act 1958 to retain records prior to selection; the eight government policies are not legally enforceable in public law and cannot be enforced by judicial review; the Dunn note was lawful; no relief is granted.

Parties
Claimant/appellant: Good Law Project; Defendant/respondent: The Prime Minister; Defendant/respondent: The Secretary of State for Health and Social Care; Defendant/respondent: The Minister for the Cabinet Office; Defendant/respondent: The Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
01 December 2022
Procedural Posture
Judicial Review / Appeal
Outcome
appeal dismissed; claim for judicial review dismissed
Legal Topics
Public Records Preservation, Government Policy Enforceability, Judicial Review, Ministerial Duties, Electronic Communications, Freedom of Information
Administrative Law Constitutional Law Public Records Public Records Preservation Government Policy Enforceability Judicial Review Ministerial Duties Electronic Communications +1 more

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Parties

Good Law Project

Claimant/appellant

The Prime Minister

Defendant/respondent

The Secretary of State for Health and Social Care

Defendant/respondent

The Minister for the Cabinet Office

Defendant/respondent

The Secretary of State for Business, Energy and Industrial Strategy

Defendant/respondent

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether section 3(1) of the Public Records Act 1958 imposes a duty to preserve records prior to selection
  2. 2 Whether there is an enforceable duty in public law to comply with eight government policies on electronic communications and records
  3. 3 Whether the Dunn note was unlawful

Ratio Decidendi

There is no implied duty under section 3(1) of the Public Records Act 1958 to retain records prior to selection; the eight government policies are not legally enforceable in public law and cannot be enforced by judicial review; the Dunn note was lawful; no relief is granted.

Court Disposition

appeal dismissed; claim for judicial review dismissed