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The Cabinet Office is seeking a judicial review of Baroness Hallett’s order to release Boris Johnson’s WhatsApp messages, diaries and notebooks, it confirmed in a letter to the COVID inquiry.

The government department said it was bringing a judicial review challenge “with regret” – but added that there were “important issues of principle at stake”.

Despite the development, it said it would “continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question”.

The legal action comes after days of wrangling in which the government hesitated over handing the tranche of documents to the public inquiry over fears it would compromise ministers’ and other individuals’ right to privacy.

Outlining its refusal to hand over the material in its letter, the Cabinet Office again questioned whether it had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”.

COVID legal challenge ‘desperate attempt to withhold evidence – politics latest

Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.

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It argued that requesting “irrelevant” material “represents an unwarranted intrusion into other aspects of the work of government” and that “important issues of principle are at stake here, affecting both the rights of individuals and the proper conduct of government”.

It said it had explored “a number of possible avenues for resolving this difference of opinion”, including offering redacted versions of the materials and “a more focused or sequential approach to the direction of the information requirements”.

“We remain hopeful and willing to agree together the best way forward.”

Inquiry chair Lady Hallett ordered the government to hand over the documents last week without any amendments, using a section 21 notice.

The tranche includes messages sent between former prime minister Mr Johnson and his fellow ministers and advisers during the pandemic, as well as diary entries.

But the Cabinet Office said today that Mr Johnson’s messages did not cover whole period the inquiry wants because he was using a new phone from May 2021.

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Rishi Sunak gives his response to speculation surrounding Boris Johnson’s messages being given to the COVID inquiry.

A government lawyer said the former prime minister had also swapped his own legal representation recently and gave “specified legal counsel permission to access an electronic record of certain WhatsApps” over the past two days.

Then on Wednesday night, Mr Johnson “invited Cabinet Office to share this information with the inquiry”.

“By working through the night, lawyers acting for Cabinet Office have now completed our review for national security and unambiguously irrelevant material and are in a separate communication providing the relevant material to the inquiry today,” it added/

What is the COVID inquiry asking for?

  • Unredacted messages sent and received by Boris Johnson between 1 January 2020 and 24 February 2022.
  • Unredacted diaries for Mr Johnson between 1 January 2020 and 24 February 2022
  • Copies of 24 unredacted notebooks filled in by Mr Johnson between 1 January 2020 and 24 February 2022
  • Unredacted messages sent and received by adviser Henry Cook between 1 January 2020 and 24 February 2022.
  • The inquiry wants messages – even from group chats – about the government response to COVID, as well as contact with a list of certain experts, ministers, civil servants and advisers

But the department wanted to note they had “not been able to verify the completeness of this material” given to them by Mr Johnson, saying it did not cover the “whole of the specified time period, but only the period from May 2021 when the former prime minister acquired a new phone”.

It added: “We have asked Boris Johnson if he will provide to us any further messages caught by the Section 21 notice.”

The inquiry confirmed on Thursday afternoon that it had received a response from the Cabinet Office.

In a short statement, it said: “At 4pm today the chair of the UK COVID public inquiry was served a copy of a claim form by the Cabinet Office seeking to commence judicial review proceedings against the chair’s ruling of 22 May 2023.”

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The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry

Further information will be provided at a preliminary hearing at 10.30am on 6 June, it said.

On Wednesday afternoon, Mr Johnson’s team said all the information the inquiry wanted had been passed to the Cabinet Office.

His spokesman said the ex-prime minister wanted the Cabinet Office to “urgently” hand over the material, in a move that put pressure on Rishi Sunak and the government to hand over the documents.

Responding to the judicial review, Labour’s deputy leader Angela Rayner accused Mr Sunak of undermining the inquiry and said he was “hopelessly distracted with legal ploys to obstruct the Covid Inquiry in a desperate attempt to withhold evidence”.

Read more:
Boris Johnson hands COVID material to Cabinet Office in ‘full and in unredacted form’
How Boris Johnson was ‘doorstepped’ in US – and the key question he failed to answer

“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid Inquiry’s requests for evidence in full. There can be no more excuses.”

Daily Cooper, the deputy leader of the Liberal Democrats, also criticised the government’s decision, calling it a “kick in the teeth” for bereaved families.

“This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.

“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”

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Trump peace plan: We could all pay if Europe doesn’t step up and guarantee Ukraine’s security

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Trump peace plan: We could all pay if Europe doesn't step up and guarantee Ukraine's security

The Donald Trump peace plan is nothing of the sort. It takes Russian demands and presents them as peace proposals, in what is effectively for Ukraine a surrender ultimatum.

If accepted, it would reward armed aggression. The principle, sacrosanct since the Second World War, for obvious and very good reasons, that even de facto borders cannot be changed by force, will have been trampled on at the behest of the leader of the free world.

The Kremlin will have imposed terms via negotiators on a country it has violated, and whose people its troops have butchered, massacred and raped. It is without doubt the biggest crisis in Trans-Atlantic relations since the war began, if not since the inception of NATO.

The question now is: are Europe’s leaders up to meeting the daunting challenges that will follow. On past form, we cannot be sure.

Vladimir Putin, President of Russia. Pic: Sputnik/Gavriil Grigorov via Reuters
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Vladimir Putin, President of Russia. Pic: Sputnik/Gavriil Grigorov via Reuters

The plan proposes the following:

• Land seized by Vladimir Putin’s unwarranted and unprovoked invasion would be ceded by Kyiv.

• Territory his forces have fought but failed to take with colossal loss of life will be thrown into the bargain for good measure.

Ukraine will be barred from NATO, from having long-range weapons, from hosting foreign troops, from allowing foreign diplomatic planes to land, and its military neutered, reduced in size by more than half.

Donald Trump meeting Vladimir Putin in Alaska in August, File pic: Reuters
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Donald Trump meeting Vladimir Putin in Alaska in August, File pic: Reuters

And most worryingly for Western leaders, the plan proposes NATO and Russia negotiate with America acting as mediator.

Lest we forget, America is meant to be the strongest partner in NATO, not an outside arbitrator. In one clause, Mr Trump’s lack of commitment to the Western alliance is laid bare in chilling clarity.

And even for all that, the plan will not bring peace. Mr Putin has made it abundantly clear he wants all of Ukraine.

He has a proven track record of retiring, rallying his forces, then returning for more. Reward a bully as they say, and he will only come back for more. Why wouldn’t he, if he is handed the fortress cities of Donetsk and a clear run over open tank country to Kyiv in a few years?

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US draft Russia peace plan

Since the beginning of Trump’s presidency, Europe has tried to keep the maverick president onside when his true sympathies have repeatedly reverted to Moscow.

It has been a demeaning and sycophantic spectacle, NATO’s secretary general stooping even to calling the US president ‘Daddy’. And it hasn’t worked. It may have made matters worse.

A choir sing in front of an apartment building destroyed in a Russian missile strike in Ternopil, Ukraine. Pic: Reuters
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A choir sing in front of an apartment building destroyed in a Russian missile strike in Ternopil, Ukraine. Pic: Reuters

The parade of world leaders trooping through Sharm el-Sheikh, Egypt, lavishing praise on his Gaza ceasefire plan, only encouraged him to believe he is capable of solving the world’s most complex conflicts with the minimum of effort.

The Gaza plan is mired in deepening difficulty, and it never came near addressing the underlying causes of the war.

Read more:
Ukraine war latest: Putin welcomes peace plan
Trump’s 28-point Ukraine peace plan in full

Most importantly, principles the West has held inviolable for eight decades cannot be torn up for the sake of a quick and uncertain peace.

With a partner as unreliable, the challenge to Europe cannot be clearer.

In the words of one former Baltic foreign minister: “There is a glaringly obvious message for Europe in the 28-point plan: This is the end of the end.

“We have been told repeatedly and unambiguously that Ukraine’s security, and therefore Europe’s security, will be Europe’s responsibility. And now it is. Entirely.”

If Europe does not step up to the plate and guarantee Ukraine’s security in the face of this American betrayal, we could all pay the consequences.

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Ukraine and Europe cannot reject Trump’s plan – they will play for time and hope he can still be persuaded to desert the Kremlin

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Ukraine and Europe cannot reject Trump's plan - they will play for time and hope he can still be persuaded to desert the Kremlin

“Terrible”, “weird”, “peculiar” and “baffling” – some of the adjectives being levelled by observers at the Donald Trump administration’s peace plan for Ukraine.

The 28-point proposal was cooked up between Trump negotiator Steve Witkoff and Kremlin official Kirill Dmitriev without European and Ukrainian involvement.

It effectively dresses up Russian demands as a peace proposal. Demands first made by Russia at the high watermark of its invasion in 2022, before defeats forced it to retreat from much of Ukraine.

Ukraine war latest: Kyiv receives US peace plan

(l-r) Kirill Dmitriev and special envoy Steve Witkoff in St Petersburg in April 2025. Pic: Kremlin Pool Photo/AP
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(l-r) Kirill Dmitriev and special envoy Steve Witkoff in St Petersburg in April 2025. Pic: Kremlin Pool Photo/AP

Its proposals are non-starters for Ukrainians.

It would hand over the rest of Donbas, territory they have spent almost four years and lost tens of thousands of men defending.

Analysts estimate at the current rate of advance, it would take Russia four more years to take the land it is proposing simply to give them instead.

It proposes more than halving the size of the Ukrainian military and depriving them of some of their most effective long-range weapons.

And it would bar any foreign forces acting as peacekeepers in Ukraine after any peace deal is done.

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Is Moscow back in Washington’s good books?

The plan comes at an excruciating time for the Ukrainians.

They are being pounded with devastating drone attacks, killing dozens in the last few nights alone.

They are on the verge of losing a key stronghold city, Pokrovsk.

And Volodymyr Zelenskyy is embroiled in the gravest political crisis since the war began, with key officials facing damaging corruption allegations.

Read more from Sky News:
Witkoff’s ‘secret’ plan to end war
Navy could react to laser incident

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Ukrainian support for peace plan ‘very much in doubt’

The suspicion is Mr Witkoff and Mr Dmitriev conspired together to choose this moment to put even more pressure on the Ukrainian president.

Perversely, though, it may help him.

There has been universal condemnation and outrage in Kyiv at the Witkoff-Dmitriev plan. Rivals have little choice but to rally around the wartime Ukrainian leader as he faces such unreasonable demands.

The genesis of this plan is unclear.

Was it born from Donald Trump’s overinflated belief in his peacemaking abilities? His overrated Gaza ceasefire plan attracted lavish praise from world leaders, but now seems mired in deepening difficulty.

The fear is Mr Trump’s team are finding ways to allow him to walk away from this conflict altogether, blaming Ukrainian intransigence for the failure of his diplomacy.

Mr Trump has already ended financial support for Ukraine, acting as an arms dealer instead, selling weapons to Europe to pass on to the invaded democracy.

If he were to take away military intelligence support too, Ukraine would be blind to the kind of attacks that in recent days have killed scores of civilians.

Europe and Ukraine cannot reject the plan entirely and risk alienating Mr Trump.

They will play for time and hope against all the evidence he can still be persuaded to desert the Kremlin and put pressure on Vladimir Putin to end the war, rather than force Ukraine to surrender instead.

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