Former MPs take case against government over failure to investigate UK election interference to European Grand Chamber

The case, which is being brought by law firm Leigh Day, has now been referred to the Grand Chamber of the European Court of Human Rights (ECtHR), Europe’s equivalent of the UK Supreme Court, following a judgment in July from the ECtHR.

The former MPs argue that the government acted unlawfully in failing to order an investigation in 2019 into Russian interference in three UK elections, despite evidence indicating it had taken place.  

They claim that this failure to investigate put the government in breach of the European Convention on Human Rights (ECHR). This argument was rejected by the ECtHR over summer, and the three former MPs have now lodged a referral request with the Grand Chamber.  

In the referral, the former Parliamentarians call for a “clear, enforceable duty” on the UK to investigate foreign interference in its elections. 

The group launched the claim in 2020 following the government’s failure to act on findings from the Intelligence and Security Committee’s ‘Russia report’. The report had been published that year after initially being presented to then Prime Minister Boris Johnson in 2019, and stated that “the UK is clearly a target for Russia’s campaigns and political influence operations”.  

The three former MPs also evidence the ‘Disinformation and fake news’ report from the Digital Culture, Media and Sports Committee published in 2019. This report followed an 18-month inquiry, and advised that there had been “clear and proven Russian influence in foreign elections”. 

The legal challenge was initially heard in the UK High Court, which ruled against the three MPs. Permission to appeal the ruling in the UK was then rejected, but in January 2023 the ECtHR accepted the claim.  

The group argued to the ECtHR that the government had failed to investigate credible allegations of interference, or have a legislative framework in place to protect against interference. They said that this put the government in breach of positive obligations under Article 3 Protocol 1 of the ECHR, which secures the right to free and fair elections.  

While the judgment from the ECtHR accepted that there had been shortcomings in the UK’s initial response to the threat of electoral interference, it ruled that the response overall had not breached the wide margins of Article 3 Protocol 1.  

This is now being contested by the three MPs in their referral of the claim to the Grand Chamber. They are calling for Europe’s top human rights court to confirm “a clear, enforceable duty on the UK to investigate credible foreign interference in elections and to adopt proactive safeguards.” 

The referral request will now be heard by a five-judge panel of the Grand Chamber, which will decide whether to accept the referral.  

The three MPs are represented by Leigh Day partner Tessa Gregory and solicitor Tom Short and supported in their legal claim by journalism and campaigning organisation the Citizens.  

Former Green Party leader and MEP Caroline Lucas said: 

“This case goes to the heart of how governments’ discharge their responsibility to protect our electoral processes from hostile interference, and it raises hugely important issues of principle when it comes to developing Convention case law.  The maintenance of a free and democratic society where people can freely choose their leaders and representatives are core rights protected by the Convention - but unless governments are required to act on them, they remain theoretical. By requesting this referral to the Grand Chamber, we are doing all we can to ensure that the Convention’s guarantees are practical and effective. At a time of deepening geopolitical insecurity,  clarification in these matters could not be more urgent". 

Former Labour MP and Secretary of State for Culture, Media and Sport Ben Bradshaw said: 

“As evidence continues to mount over the extent of Putin’s hybrid war against western democracies over many years, it is imperative that the  British people can be confident in the resilience of our democratic processes.” 

Former Scottish National Party MP Alyn Smith said: 

“We started this case when it was clear to anyone that the UK government had not found much evidence of interference because they had not been looking, yet as more comes to light our case only grows stronger. The appeal to the Grand Chamber will allow them to look at the wider implications, and up to date evidence, that our democracy has not been sufficiently defended.” 

Clara Maguire, executive director at the Citizens, said: 

“We helped initiate this legal action because back in 2020 Boris Johnson’s government first suppressed the Russia Report, and then refused to act on its findings. We know that Russia has targeted and is continuing to target UK politics and elections, including via social media, that’s what the judgement concluded, yet the UK government is still refusing to take the necessary steps to protect our democracy. 

“That’s why we’re persisting. The European court has acknowledged the threat but we’re still in the dark because of the government’s refusal to investigate and our legal team believe that right is enshrined in European law and that’s why we’re fighting on what is a hugely significant legal challenge at a crucial moment.” 

Leigh Day solicitor Tom Short said: 

"Our clients remain steadfast in their message that foreign interference in UK democratic processes must be properly investigated and the UK Government must act to protect citizens’ right to free and fair elections. This landmark case and appeal to the Grand Chamber is made against the backdrop of the government refusing to act on its own findings through the Intelligence and Security Committee that Russia has already interfered in our democratic processes. The threat of foreign interference is real and, as the recent Nathan Gill case shows, is growing.” 

The applicants are represented by solicitors Tessa Gregory and Tom Short of Leigh Day, and counsel Ben Jaffey KC, Jason Pobjoy KC, Natasha Simonsen and Tom Lowenthal of Blackstone Chambers.