James Berry KC and Aaron Rathmell successfully defend Freemasons’ judicial review
19th February 2026
On 11 December 2025 the Metropolitan Police Service (MPS) amended its declarable associations policy to require members of hierarchical associations to declare their membership confidentially. The one example of a hierarchical organisation given in the policy was Freemasonry. The policy does not prohibit membership of Freemasonry.
At close of business on Christmas Eve, the United Grand Lodge of England, two organisations representing women’s Freemasonry, and a police officer served the MPS with a claim for judicial review of the policy, together with an urgent application for interim relief in the form of an injunction suspending the operation of the policy.
Working with MPS solicitors over the Christmas period, James Berry KC and Aaron Rathmell responded to the urgent injunction application on behalf of the MPS.
On 2 January 2026 Chamberlian J considered the application on the papers and decided that an urgent injunction was not required.
On 11 February 2026 the matter came before Chamberlain J for a hearing of the injunction application as well as the application for permission to claim judicial review. By this time, another officer had been added as a fifth claimant.
On 17 February 2026 Chamberlain J gave judgment, refusing permission to claim judicial review and recorded that, even if he had granted permission, the balance of convenience would have fallen decisively against the grant of interim relief.
The claimants had argued that the policy was ultra vires the Police Regulations 2003, in breach of Articles 8, 10 and 11 ECHR, amounted to direct and indirect discrimination on the grounds of belief under the Equality Act 2010, breached the UK-GDPR and Data Protection Act 2018, and followed inadequate consultation.
James Berry KC and Aaron Rathmell represented the MPS, both making submissions at the hearing. They have considerable experience of judicial review claims, including those relying on human rights grounds.
For the judgment, see here.
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