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R (on the Application of Tortoise Media) v Conservative and Unionist Party [2023] EWHC 3088 (Admin)

Tortoise Media’s application for permission for judicial review against the Conservative Party has been refused by the High Court following an oral renewal hearing. The judgment is available here.

Tortoise argued that the Conservative Party was performing a public function by electing its leader who would go on to be appointed Prime Minister, and therefore it was subject to the Human Rights Act 1998 and public law principles of natural justice. It argued that this meant the Party was required to give access to information about the election.

The Court (Fordham J) agreed with the Defendant that the election of the party leader was not a public function and could not be judicially reviewed. The appointment of the Prime Minister is a prerogative power exercised by the monarch. The Court held that the appropriate constitutional safeguard if the new Prime Minister did not have the confidence of the House of Commons would be a vote in Parliament.

Kevin Brown was instructed by Tom Spiller OBE of Rosenblatt for the Conservative Party.

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