London Daily

Focus on the big picture.
Wednesday, Jul 23, 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
US Treasury Secretary Calls for Institutional Review of Federal Reserve Amid AI‑Driven Growth Expectations
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Severe Flooding in South Korea Claims Lives Amid Ongoing Rescue Operations
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Japanese Prime Minister Vows to Stay After Coalition Loses Upper House Majority
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
CEO Resigns Amid Controversy Over Relationship with HR Executive
Man Dies After Being Pulled Into MRI Machine Due to Metal Chain in New York Clinic
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
US Revokes Visas of Brazilian Corrupted Judges Amid Fake Bolsonaro Investigation
U.S. Congress Approves Rescissions Act Cutting Federal Funding for NPR and PBS
North Korea Restricts Foreign Tourist Access to New Seaside Resort
Brazil's Supreme Court Imposes Radical Restrictions on Former President Bolsonaro
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Judge Criticizes DOJ Over Secrecy in Dropping Charges Against Gang Leader
Apple Closes $16.5 Billion Tax Dispute With Ireland
Von der Leyen Faces Setback Over €2 Trillion EU Budget Proposal
UK and Germany Collaborate on Global Military Equipment Sales
Trump Plans Over 10% Tariffs on African and Caribbean Nations
Flying Taxi CEO Reclaims Billionaire Status After Stock Surge
Epstein Files Deepen Republican Party Divide
Zuckerberg Faces $8 Billion Privacy Lawsuit From Meta Shareholders
FIFA Pressured to Rethink World Cup Calendar Due to Climate Change
SpaceX Nears $400 Billion Valuation With New Share Sale
Microsoft, US Lab to Use AI for Faster Nuclear Plant Licensing
Trump Walks Back Talk of Firing Fed Chair Jerome Powell
Zelensky Reshuffles Cabinet to Win Support at Home and in Washington
"Can You Hit Moscow?" Trump Asked Zelensky To Make Putin "Feel The Pain"
Irish Tech Worker Detained 100 days by US Authorities for Overstaying Visa
Dimon Warns on Fed Independence as Trump Administration Eyes Powell’s Succession
Church of England Removes 1991 Sexuality Guidelines from Clergy Selection
Superman Franchise Achieves Success with Latest Release
Hungary's Viktor Orban Rejects Agreements on Illegal Migration
Jeff Bezos Considers Purchasing Condé Nast as a Wedding Gift
Ghislaine Maxwell Says She’s Ready to Testify Before Congress on Epstein’s Criminal Empire
Bal des Pompiers: A Celebration of Community and Firefighter Culture in France
FBI Chief Kash Patel Denies Resignation Speculations Amid Epstein List Controversy
Air India Pilot’s Mental Health Records Under Scrutiny
Google Secures Windsurf AI Coding Team in $2.4 Billion Licence Deal
Jamie Dimon Warns Europe Is Losing Global Competitiveness and Flags Market Complacency
South African Police Minister Suspended Amid Organised Crime Allegations
Nvidia CEO Claims Chinese Military Reluctance to Use US AI Technology
Hong Kong Advances Digital Asset Strategy to Address Economic Challenges
Australia Rules Out Pre‑commitment of Troops, Reinforces Defence Posture Amid US‑China Tensions
Martha Wells Says Humanity Still Far from True Artificial Intelligence
Nvidia Becomes World’s First Four‑Trillion‑Dollar Company Amid AI Boom
U.S. Resumes Deportations to Third Countries After Supreme Court Ruling
Excavation Begins at Site of Mass Grave for Children at Former Irish Institution
×