The government is to launch a legal challenge over the Covid inquiry’s demand for WhatsApp messages and documents.
Officials missed a 4pm deadline to disclose messages between Boris Johnson and his advisers during the pandemic, as well as his diaries and notebooks.
The government has refused to disclose some of the material, arguing it is not relevant to the inquiry’s work.
But the inquiry’s boss says deciding what is relevant should be her job.
Crossbench peer Baroness Hallett, the inquiry chairwoman, says she needs to see the messages to see if they are relevant to its remit.
The government, however, says disclosing the requested material would breach individuals’ right to privacy and undermine the ability of ministers to discuss policy matters in the future.
It has said it will apply for a judicial review, where a judge would decide whether the inquiry had overreached its legal powers to demand evidence.