What’s at stake in a legal battle over the Covid WhatsApps?

Now that Boris Johnson has handed the material requested by the Covid inquiry to the Cabinet Office, the ball is in Rishi Sunak’s court, writes Sean O’Grady

A legal battle is looming over the Covid WhatsApp messages (Getty/The Independent)

It seems inevitable that a judicial review will take place on the matter of whether the Cabinet Office can redact evidence demanded from the government by Baroness Hallett’s Covid inquiry. Boris Johnson has released his diaries, WhatsApp messages and other material unredacted – thus avoiding any possible criminal sanction for withholding or destroying evidence. How much of it Johnson wants the inquiry to see is unclear, but he seems content to allow the Cabinet Office to deal with it.

There is talk of a “cover-up”, in effect by Rishi Sunak, who it is suggested is conspiring to use government lawyers and the prestige of his office to prevent the disclosure of the material to the inquiry, even on a confidential basis.

Johnson’s surprise move adds to the pressure on Sunak and the Cabinet Office to abandon its legal challenge and accede to Hallett’s request. “Mr Johnson urges the Cabinet Office to urgently disclose [the material] to the inquiry,” said a statement from the former PM’s spokesperson. “Mr Johnson ... is perfectly happy for the inquiry to have access to this material in whatever form it requires.”