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FDA judicial review of the Home Secretary's breach of the Ministerial Code

The FDA has launched a legal challenge to the Prime Minister’s decision that the Home Secretary did not breach the Ministerial Code. This followed an investigation which concluded that she had bullied civil servants, including incidents of shouting and swearing at them.

Our application for Judicial Review was heard before Lord Justice Lewis and Mrs Justice Steyn over two days on Wednesday 17 and Thursday 18 November. The judgement was reserved and we await the decision.

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Why we've launched a judicial review

Despite the evidence, the Prime Minister sought to give weight to the Home Secretary’s assertion that any behaviour was unintentional and he therefore concluded that she had not breached the code. Our challenge in the court is essentially that the Prime Minister’s decision was irrational given the obligations of the Code, and indeed his own words in its foreword that “there will be no bullying and no harassment”.

The claimant’s skeleton arguments can be read here:

The skeleton argument of the defendant can be read here:

Permission hearing

We attended a permission hearing earlier this year, which granted permission for us to apply for Judicial Review. The judgement from the permission hearing can be read here, while the skeleton arguments from both sides are available to download here.

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