London Daily

Focus on the big picture.
Thursday, Jul 03, 2025

No, Hancock’s PPE contracts haven’t been ruled ‘unlawful’

No, Hancock’s PPE contracts haven’t been ruled ‘unlawful’

The High Court has said the government acted unlawfully. It is important that is understood, because ‘unlawful’ is a word that can easily mislead.

Above all, no one should accidentally think the Court has said that any of the PPE contracts are unlawful. They are not. What the Court has said is that because, on average, the contracts were published on a website after 47 days, the Department of Health and Social Care was unlawful because it promises to publish within 30 days.

The government promised 30 days and 47 days is more than 30: that is unlawful.

PPE was needed because of the pandemic and, due to the global shortages, the Department of Health and Social Care made contracts to get PPE. The Department was then under a legal obligation to publish those contracts within 30 days because the government made that obligation. When the 30 day rule was created, the government did not add in a bit saying ‘but in the case of a global pandemic you can actually have 47 days’. If it had, it would be lawful.

The government can – and now probably will – either extend the 30 days or just get rid of it altogether, but the Department is now unlawful for breaching its promise. I would say to a client that it is a ‘technical breach’.

On that word ‘technical’, I am not being a politician, I’m using it as a lawyer. A technical breach of a contract is one that happens but causes you no loss. It is a wrong. It’s unlawful to breach contract terms, but if you suffer no loss then it doesn’t matter – I can’t advise you to sue if you suffer no loss, if I do I am being unlawful.

But in this area of law, you can get a ‘declaration’ from the Court even if you have no loss. That can be as simple as the judge saying, ‘I hear you’. That might be what you need – in cases where someone has died, a grieving family might really need that declaration – but whether the declaration is of any other use is not for me. It is a declaration and I can say no more.

But two other important things were noted by the Court in this case: three MPs tried to also tag along (see paragraphs 106 & 107) and a unique request to have a TV production company film the case was made (paragraph 161).

The TV company request was made because the Claimants wanted to record and re-broadcast the proceedings, in the interests of open justice. There is a global pandemic and the Good Law Project, founded by Jolyon Maugham QC, said that as a result, normal time rules and technical rules should not apply. But being consistent, the court said no: the Claimants could not have their request fulfilled; it would be unlawful to do as they asked.

That the three MPs (Debbie Abrahams, Caroline Lucas and Layla Moran) also tried to tag along is odd from a legal point of view. The three MPs are not rival PPE manufacturers. None of them are shadow health ministers. None of the three are lawyers.

We do not often see MPs down the courts, trying to tag on to cases – or we did not used to. MPs, you see, have political power that you, me and the courts do not have.

The Judge said this:

“… the addition of politicians as claimants may leave the public with the impression that the proceedings are an attempt to advance a political cause, when in fact their sole legitimate function is to determine an arguable allegation of unlawful conduct

That sole legitimate function has been fulfilled. Even in a pandemic, 47 days is more than 30 and thus unlawful. The court did not and could not quantify how ‘unlawful’ this is. Perhaps, really, that is a personal political question.

Newsletter

Related Articles

0:00
0:00
Close
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
Poland Implements Border Checks Amid Growing Migration Tensions
Political Dispute Escalates Between Trump and Musk
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
US Senate Votes to Remove AI Regulation Moratorium from Domestic Policy Bill
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
Jury Deliberations in Diddy Trial Yield Partial Verdict in Serious Criminal Charges
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
King Charles Plans Significant Role for Prince Harry in Coronation
Two Chinese Nationals Arrested for Espionage Activities Against U.S. Navy
Amazon Reaches Major Automation Milestone with Over One Million Robots
Extreme Heat Wave Sweeps Across Europe, Hitting Record Temperatures
Meta Announces Formation of Ambitious AI Unit, Meta Superintelligence Labs
Robots Compete in Football Tournament in China Amid Injuries
Trump Administration Considers Withdrawal of Funding for Hospitals Providing Gender Treatment to Minors
Texas Enacts Law Allowing Gold and Silver Transactions
China Unveils Miniature Insect-Like Surveillance Drone
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Marc Marquez Claims Victory at Dutch Grand Prix Amidst Family Misfortune
Germany Votes to Suspend Family Reunification for Asylum Seekers
Elon Musk Critiques Senate Budget Proposal Over Job Losses and Strategic Risks
Los Angeles Riots ended with Federal Investigations into Funding
Budapest Pride Parade Draws 200,000 Participants Amid Government Ban
Southern Europe Experiences Extreme Heat
Xiaomi's YU7 SUV Launch Garners Record Pre-Orders Amid Market Challenges
Jeff Bezos and Lauren Sanchez's Lavish Wedding in Venice
Russia Launches Largest Air Assault on Ukraine Since Invasion
Education Secretary Announces Overhaul of Complaints System Amid Rising Parental Grievances
Massive Anti-Government Protests Erupt in Belgrade
Trump Ends Trade Talks with Canada Over Digital Services Tax
UK Government Softens Welfare Reform Plans Amid Labour Party Rebellion
Labour Faces Rebellion Over Disability Benefit Reforms Ahead of Key Vote
Jeff Bezos and Lauren Sánchez Host Lavish Wedding in Venice Amid Protests
Trump Asserts Readiness for Further Strikes on Iran Amid Nuclear Tensions
North Korea to Open New Beach Resort to Boost Tourism Economy
UK Labour Party Faces Internal Tensions Over Welfare Reforms
Andrew Cuomo Hints at Potential November Comeback Amid Democratic Primary Results
Curtis Sliwa Champions His Vision for New York City Amid Rising Crime Concerns
Federal Reserve Proposes Changes to Capital Rule Affecting Major Banks
EU TO HUNGARY: LET THEM PRIDE OR PREP FOR SHADE. ORBÁN TO EU: STAY IN YOUR LANE AND FIX YOUR OWN MESS.
Trump Escalates Criticism of Media Over Iran Strike Coverage
Trump Announces Upcoming US-Iran Meeting Amid Controversial Airstrikes
Trump Moves to Reshape Middle East Following Israel-Iran Conflict
Big Four Accounting Firms Fined in Exam Cheating Scandal
NATO Members Agree to 5% Defense Spending Target by 2035
Australia's Star Casino Secures $195 Million Rescue Package Amid Challenges
UK to Enhance Nuclear Capabilities with Acquisition of F-35A Fighter Jets
×