A Question of Justiciability: Did the Prime Minister Misdirect Himself as to the Meaning of Bullying Within the Ministerial Code? R (FDA) v The Prime Minister and Minister for the Civil Service [2021] EWHC 3279 (Admin)

Abstract

1. This article considers the decision of the Divisional Court in R (FDA) v The Prime Minister and Minister for the Civil Service, where the Court had to decide whether the question of whether the Prime Minister had misdirected himself as to the meaning of ‘bullying’ within the Ministerial Code was justiciable and, if so, whether the Prime Minister had in fact misdirected himself. The Court was comprised of Lewis LJ and Steyn J.