UK government loses legal challenge over Boris Johnson’s WhatsApp messages

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The UK government has lost its legal challenge against the Covid-19 public inquiry’s demand to see Boris Johnson’s WhatsApp messages in full, paving the way for a broad release of sensitive government information from the pandemic period.

The Cabinet Office had refused to supply all the information relating to Johnson, claiming that some of the material the inquiry had requested was “unambiguously irrelevant”, and last month it challenged the demand through a judicial review.

Lady Heather Hallett, inquiry chair, had responded that it was for her “to decide what is relevant” so she can gather materials necessary for a thorough investigation into the UK response to the coronavirus pandemic.

In a judgment handed down on Thursday, High Court judges confirmed that Hallett was within her powers to call for unredacted documents, which include Johnson’s diaries and notebooks as well as his WhatsApp messages.

Lawyers acting for the Cabinet Office had claimed the inquiry’s request for evidence was too broad and could involve the transfer of private and personal correspondence.

However, Lord Justice Dingemans and Mr Justice Garnham ruled: “The fact that a request for documents in civil proceedings for disclosure may yield some irrelevant documents does not invalidate the request.”

The judges added: “Inquiries are to be given a latitude, not provided to parties in civil proceedings, to enable them to ‘fish’ for documents, meaning to make informed but speculative requests for documents relevant to lines of inquiry, or documents which lead to new lines of inquiry.”

Documents that Hallett agrees are obviously irrelevant are to be returned to the Cabinet Office, they said.

The inquiry said in a statement that Hallett was “pleased the court has upheld” her request for the materials relating to Johnson. The inquiry said it requires the information to be disclosed by 4pm on Monday.

The government said it would “comply fully with this judgment and will now work with the inquiry team on the practical arrangements”.

“We’re going to hand over everything and allow [Hallett] to take a look at it,” said a person briefed on the Cabinet Office’s stance, adding that officials would supply the materials by 4pm on Monday.

They noted the ruling made clear that only the inquiry chair and a small team would have access to the complete documents.

The judicial backing for Hallett paves the way for a broad release of sensitive government information from the pandemic period, since she will be able to rely on the ruling in future requests for evidence.

The government’s unusual decision to challenge the inquiry’s powers in the courts drew widespread criticism.

Groups representing bereaved families of Covid victims accused the government of seeking to frustrate the inquiry’s efforts to scrutinise official decision-making during the pandemic.

Angela Rayner, Labour deputy leader, said prime minister Rishi Sunak had “been wasting time and taxpayers’ money on doomed legal battles to withhold evidence”.

She added: “There can be no more excuses for concealing the truth. It’s time to hand over the evidence.”

The ruling leaves open the question of the inquiry’s access to the contents of a compromised mobile phone used by former prime minister Boris Johnson between February 2020 and April 2021. He changed his phone after a security breach.

Hugo Keith KC, lead counsel to the inquiry, said last month it had struck a deal with the Cabinet Office for the compromised device to “be provided to the appropriate person in the government for its contents to be downloaded”.

But Nicholas Chapman, barrister representing the Cabinet Office, said the government “wants to consider its position” before committing to handing messages recovered from the compromised phone to the inquiry.