Judge pondering ruling over contract bias claim

AHigh Court judge is considering whether a UK Government decision to award a market research contract to a company whose bosses were friends of Dominic Cummings was unlawful.

Campaigners took legal action against the Cabinet Office over the decision to pay more than £500,000 of taxpayers’ money to research firm Public First, following the start of the coronavirus crisis in March 2020, and questioned the involvement of Mr Cummings.

Lawyers representing the Good Law Project say Mr Cummings, then Boris Johnson’s chief adviser, wanted focus group and communications support services work to be given to a company whose bosses were his friends.

The Good Law

Project told Mrs Justice O’farrell a “fair-minded” and “informed” observer would conclude there was a “real possibility of bias”, and argued the decision was unlawful.

Lawyers for the Cabinet Office told the judge Mr Cummings made a recommendation, not a decision, and the claim should be dismissed. They said that during a national emergency Mr Cummings “recommended a firm he knew could get the job done”.

Mr Cummings said he “obviously” did not ask for Public First to be brought in because they were friends, adding he would “never do such a thing”.

Mrs Justice O’farrell considered rival arguments at a virtual High Court hearing yesterday, and said she would deliver a ruling on a date to be fixed.

Barrister Jason Coppel QC, representing the Good Law Project, told the judge: “Public First was awarded this contract because Dominic Cummings wanted Public First to have this contract. No other provider was considered.”

Mr Coppel said more than £500,000 had been spent and told the judge it was “not strictly necessary” to award the contract to Public First without competition.

He said the current minister for the Cabinet Office was Michael Gove.

Mr Coppel said Public First was a “small research agency” whose directors and owners were Rachel Wolf and her husband James Frayne.

He said the couple had “long-standing personal relationships” with Mr Cummings and Mr Gove.

Mr Coppel added: “The fair-minded and informed observer would conclude there was a real possibility of bias – it was Mr Cummings who decided, without any consideration to alternative providers, that work valued at hundreds of thousands of pounds of public money should be given to his friends.”

Mr Cummings did not give evidence at the hearing, but outlined his position in a written witness statement. He said the country was facing an emergency because of the Covid crisis, and “the award of the contract without delay” was “entirely justified”.

He said he was Mr Johnson’s main political adviser from July 2019 until November 2020.

He said “because of Covid” his work involved issues of “management and procurement” far more than political advice.

Michael Bowsher QC, who was part of the Cabinet Office legal team, said Mr Frayne and Ms Wolf had “professional and personal connections” with Mr Gove and Mr Cummings, but it was “emphatically denied” there was “any bias, or apparent bias” in the award of the work to Public First.

He added: “At a time of national emergency Mr Cummings recommended a firm he knew could get the job done.”

He said Mr Gove did not have any involvement in the decision or influence it in any way.

The Good Law Project also complained about the amount the government has spent fighting the case.

Mr Coppel told the judge that an “extraordinary” £500,000 had been run up in legal fees.

The judge who led the public inquiry into the murder of Stephen Lawrence has died in his Perthshire home, aged 94.

Sir William Macpherson was a High Court judge who was heavily involved in his local community.

Tributes were led by the clan of which he was chieftain, local politicians and his town golf course, where he was a regular player and honorary member.

The Clan Macpherson Association – of which Sir William was the 27th chief – announced the news on its website, hailing his presence and leadership.

The statement read: “I am saddened to have to bear the news that our 27 th chief, Sir William Macpherson of Cluny and Blairgowrie – ‘Cluny’ to us all – died peacefully at home on February 14, surrounded by his family.

“We were fortunate to have had his guidance, support and leadership for an incredible 50 years and the world will have benefited from his 94 years on this earth.

“His phrase ‘first amongst equals’ doesn’t even start to mark the presence he had.”

A judge at the High Court of Justice, Queen’s Bench Division, he produced the Macpherson Report after the racially motivated killing of Stephen Lawrence in 1993.

Sir William was a High Court judge in England between 1983 and 1996, when he retired from the bench.

Arguably, his most famous case was the trial in Newcastle of child killer Robert Black, which ended with the conviction of the Falkirk van driver for the kidnap and murder of Sarah Harper, Susan Maxwell and Caroline Hogg.

He was asked by the government to chair the inquiry into the way the Metropolitan Police handled its investigation of the murder of black teenager Stephen Lawrence.

The Macpherson Report attacked officers for “professional incompetence and bad leadership” and levelled the charge of “institutional racism” against the force.

A raft of recommendations were made, aimed at improving the way the police and other public services dealt with people from ethnic minorities.

Before his appointment as a judge, Sir William was a Queen’s Counsel practising in London and abroad.

North Perthshire MSP John Swinney paid tribute.

He said: “He was a hugely respected High Court judge, whose seminal report on the death of Stephen Lawrence was a mark of the rigour, challenge, humanity and independent mind for which he was widely respected.

“His roots in Blairgowrie, and his constant connection with the area, brought him much joy and great benefit to the local community.”

Pete Wishart MP said: “In Blairgowrie, he’ll just be remembered for his immense contribution to the community.”

James Macfarlane, captain of Blairgowrie Golf Club, said members have been “saddened” by death of Sir William.

He said: “Sir William was very pleased to have been appointed an honorary member of the club at its AGM last December.

“Having first played at Blairgowrie at the age of 11 in 1937, we believe that Bill was our longest-serving member.

“Obituaries will speak of his distinguished career in law and in other areas. It is for his contributions to the life and the wellbeing of the Blairgowrie Golf Club that we held him in such high esteem, however.

“He was ever a charming, witty and engaging personality and members will always remember him with affection each time we pass the bridge on Rosemount’s 17th, which was erected and named in his honour.” the

RULING SOUGHT: Campaigners took action over a government decision to award a contract to a company run by friends of Dominic Cummings.

DISTINGUISHED CAREER: Sir William Macpherson was a QC before becoming a High Court judge – and was also chieftain of the Clan Macpherson.