Tortoise Permission Refused

In the High Court of Justice CO/3695/2022
King’s Bench Division

Administrative Court
In the matter of an application for judicial review
THE KING
on the application of
TORTOISE MEDIA LIMITED

Claimant
-and-
CONSERVATIVE AND UNIONIST PARTY

Defendant
Notification of the Judge’s decision on the application for permission to

apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the

Acknowledgment of service filed by the Defendant;
Order by the Honourable Mrs Justice Lang DBE
1. The application for permission to apply for judicial review is refused.
2. The Claimant is granted permission to rely upon its Reply.
3. The Claimant do pay the Defendant’s costs of preparing the

Acknowledgment of Service. Within 14 days of the date of this Order the
Defendant shall file and serve a statement of costs. Within 14 days
thereafter, the Claimant may file and serve a notice of objection setting
out the reasons why it should not be required to pay the costs claimed.
If the Claimant files and serves notice of objection, the Defendant may,
within 14 days of the date it is served, file and serve submissions in
response. A Judge will then make a final determination on costs, either
on the papers, or at a hearing of any renewed application for permission.
Reasons
1. The Claimant challenges the lawfulness of the decision by the Defendant

in a letter dated 26 August 2022 to refuse to provide the information
requested by the Claimant in regard to its leadership elections.
2. In my view, the grounds of challenge are unarguable and have no

realistic prospect of success, for the reasons set out in the Defendant’s
Summary Grounds of Resistance (“SGR”).
3. The Defendant is a private unincorporated association. It is not a public

body and it does not exercise public functions. In particular, the election
of the leader of the Defendant is not a function of a public law nature.
Form JR 3 Judicial Review. Permission refused. Version September 2020

The appointment of Prime Minister is a prerogative power of the
Monarch, and the Defendant has no powers in this regard. It follows that
the Defendant’s decision of 26 August 2022 is not susceptible to judicial
review.
4. In R (Khaw) v The Conservative and Unionist Party (21 January 2015),

Lewison LJ stated, when refusing permission to appeal against the High
Court’s refusal of permission to apply for judicial review: “The
Conservative party itself (unlike those of its members who are elected to
Parliament or who hold government office) performs no public function”.
Ground 1
5. It is unarguable that the Defendant is a public authority for the purposes

of section 6 of the Human Rights Act 1998: see paragraphs 21 – 29 of
the Defendant’s SGR.
Ground 2
6. It is unarguable that the Claimant has any right to obtain information from
the Defendant under the European Convention on Human Rights
(“ECHR”): see paragraphs 30 – 41 of the Defendant’s SGR.
Ground 3
7. As the Defendant is not a public body, nor exercising public functions, it

is not susceptible to judicial review by the Claimant on public law grounds
such as a failure to take into account relevant considerations.
Signed: MRS JUSTICE LANG
Dated: 19.7.23
The date of service of this order is calculated from the date in the section
below
For completion by the Administrative Court Office
Sent / Handed to
either the Claimant, and the Defendant [and the Interested Party]
or the Claimant's, and the Defendant’s [and the Interested Party’s] solicitors
Date: 24/07/23
Solicitors: LEWIS SILKIN LLP

Ref No. GHC/FJM/115895/43

Notes for the Claimant
If you request the decision to be reconsidered at a hearing in open court under CPR
54.12, you must complete and serve the enclosed Form 86B within 7 days of the
service of this order.
A fee is payable on submission of Form 86B. For details of the current fee please
refer to the Administrative Court fees table at
https://www.gov.uk/court-fees-what-they-are.
Failure to pay the fee or submit a certified application for fee remission may result in
the claim being struck out.
The form to make an application for remission of a court fee can be obtained from
the gov.uk website at https://www.gov.uk/get-help-with-court-fees

Tortoise Permission Refused

Uploaded by

Copyright:

Available Formats

Tortoise Permission Refused

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Tortoise Permission Refused

Uploaded by

Copyright:

Available Formats

In the High Court of Justice CO/3695/2022

King’s Bench Division

In the matter of an application for judicial review

TORTOISE MEDIA LIMITED

CONSERVATIVE AND UNIONIST PARTY

Notification of the Judge’s decision on the application for permission to

Following consideration of the documents lodged by the Claimant and the

Order by the Honourable Mrs Justice Lang DBE

1. The application for permission to apply for judicial review is refused.

2. The Claimant is granted permission to rely upon its Reply.

3. The Claimant do pay the Defendant’s costs of preparing the

1. The Claimant challenges the lawfulness of the decision by the Defendant

2. In my view, the grounds of challenge are unarguable and have no

3. The Defendant is a private unincorporated association. It is not a public

Form JR 3 Judicial Review. Permission refused. Version September 2020

4. In R (Khaw) v The Conservative and Unionist Party (21 January 2015),

5. It is unarguable that the Defendant is a public authority for the purposes

7. As the Defendant is not a public body, nor exercising public functions, it

Signed: MRS JUSTICE LANG

For completion by the Administrative Court Office

Solicitors: LEWIS SILKIN LLP

Form JR 3 Judicial Review. Permission refused. Version September 2020

Form JR 3 Judicial Review. Permission refused. Version September 2020

You might also like