Skip to main content
Case Update

Is Government ramping up costs to silence us?

28th January 2021

Correspondence with Government has revealed they expect to spend a staggering £1 million defending our judicial review of their decisions to award contracts criticised by the NAO. This is a sum unprecedented in our lawyers’ experience of judicial review proceedings. We can’t but wonder whether they are trying to scare us off – using the bottomless public purse to avoid accountability to the public.

Government also says, remarkably, that finding out whether they acted lawfully in channelling hundreds of millions or billions to their VIP associates, is not in the public interest.

We had until recently been working on the understanding that we had raised enough money for our challenges to Government’s awards of hundreds of millions of pounds of PPE contracts to Pestfix, Ayanda, and Clandeboye.

We were shocked to learn that – having failed to provide the evidence we’ve been asking for since July – Government is threatening a vast disclosure exercise going well beyond what would normally be undertaken in a judicial review. And not just that they have hired an expensive international commercial law firm. They expect to have a team of 30-40 working for up to 3 months on an exercise that has not been requested by us, or by the Court.

In the experience of our legal team, costs incurred by Government in judicial review proceedings rarely exceed £100,000. Here Government says it has already spent over £325,000, and estimates their total costs will amount to £1 million – a staggering sum for a judicial review.

Government knows full well that we cannot take existential risk on bringing a single case. So we wrote to Government asking it to agree and order ‘capping’ both our costs and the taxpayers’ costs in these public interest proceedings.

We were shocked this week to receive their response contending that the litigation is not in the public interest, and refusing our proposed reciprocal cap: “In particular our client does not agree that the proceedings are ‘public interest proceedings’”. These are cases involving on Government’s own admission hundreds of millions of pounds being spent on unusable facemasks on companies that went through the VIP lane.

Not in the public interest? What are they on!

We have now applied to the court for a Cost Cap. But if we don’t get one, unless a white knight or white knights emerge, the simple fact is we will have to abandon the litigation. We are not in a position to bear a £1 million risk.


It is only with your support that we can continue to hold Government to account. If you would like to make a donation, you can do so here.

Case

This article is part of our Scrutinising PPE Procurement case

This legal campaign helped draw wide attention to the institutionalisation of cronyism in the VIP lane.
The Court found that the VIP lane, through which Ayanda and Pestfix, won their contracts, was illegal.

See more about this case