However, the Court of Appeal’s full decision, which has now been published, pulls her ruling apart, with the three judges saying that it was “extraordinary and not right” that the steps taken by TfL and the Mayor be described as “extreme or ill considered,” nor were there grounds to view them as “irrational.”
They said that Mrs Justice Lang “seems to have given no or almost no weight to the fact that the [decisions taken by TfL] were made on or by 15 May 2020 at a time when the duration and future course of the pandemic were wholly unpredictable.”
The above comments are from the case below a full transcript of which is available here.
This successful appeal should be a mindset check for those who are responsible for the appointment of our judiciary especially at this senior level. From cases where contrary to official guidance magistrates are publicly criticised by crown court judges to controversial decisions by a split Supreme Court a public must trust in the quality and integrity of the senior judiciary from the Lord Chancellor downwards. When that trust evaporates it is an early signal that similar is happening within our democracy.