Article by Jonathan Lewis: Third Party Disclosure in Judicial Review proceedings

Lexis Nexis Public Law analysis written by Jonathan Lewis.

This decision followed Mr Justice Fraser interlocutory decision in Good Law Project Ltd, R v Secretary of State of Health, where he considered applications for disclosure made by the Good Law Project (GLP). Shortly before the hearing, the parties agreed that an eminent academic, who had volunteered as an unpaid advisor to the Secretary of State for Health and Social Care (the SSHSC) during the coronavirus (COVID-19) pandemic, would disclose his emails concerning relevant government business. Given the unusual factual circumstances and how various applications had played out and been conducted, Fraser J departed from the general costs rule in respect of disclosure orders against non-parties CPR 46.1(2) by ordering that each party bear its own costs.

R (on the application of Good Law Project Ltd) v Secretary of State for Health & Social Care; Good Law Project Ltd v Bell [2021] EWHC 2783 (TCC)

This article was first published by Lexis®PSL on 3 November 2021

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