The Court of Appeal has granted permission to appeal against Mr Justice Fordham's judgment in Tortoise Media v Conservative Party [2023] EWHC 3088

The case concerns the fundamental right of the press to hold political parties – in this case the Conservative party to account.

‘Tortoise Media’, an online newspaper, made a request which the Conservative Party refused for information about the leadership contest. Tortoise Media issued judicial review proceedings challenging the refusal. In defending the proceedings, the Conservative Party said that they were a private party and election was an internal affair of the Conservative Party. Mr Justice Fordham agreed concluding that  – ‘a political party’s function of selecting its new party leader, mid-term, while the party has a majority of the MPs in the House of Commons’ – was not a ‘public function’. The Court of Appeal will hear the appeal in early 2025.

Alan Payne KC, member of 39 Essex Chambers, and Aaron Moss, member of 5 Essex Chambers represent Tortoise Media.