Mayor's emails to be searched in Palantir battle

Sir Sadiq Khan will have his texts and emails searched as part of a legal battle over the blocking of a £50m deal between the Metropolitan Police and technology firm Palantir, the High Court has been told.

Palantir is suing the Mayor's Office for Policing and Crime (MOPAC) over its decision in May to block the Met from agreeing to a two-year deal with the firm.

At a preliminary hearing, the court was told Khan and more than a dozen other MOPAC and City Hall officials would have their digital communications, including WhatsApp messages and Microsoft Teams chats, searched for anything relevant to the legal battle.

The hearing also dealt with a separate demand by MOPAC to see Palantir's own internal documents, which the firm is resisting.

The US tech company had been due to provide AI technology to the Met Police to automate analysis in criminal investigations, following on from a short-term contract.

Citing the absence of a proper procurement process by the Met, MOPAC blocked the subsequent deal. It also "raised concerns" about the firm's values and ethics, though it has said this could not legally affect the decision.

Prior to the trial in January, MOPAC has agreed to hand over its own material, including the mayor's messages. Exactly how many officials should be included and how far back the search should go is still being negotiated.

Separately, MOPAC wants access to Palantir's internal files. The firm has agreed to release its communications with the Met but is refusing to hand over wider documents about how it does business, which its lawyers described in court papers as a "fishing expedition".

Palantir said in its written argument that MOPAC's request would force it to review about 150,000 documents and argued the material was irrelevant to the case.

MOPAC is defending the claim partly by arguing that the Met's own process for awarding the contract was flawed, and says Palantir's documents could help show that. Palantir denies this and says the case is about the conduct of MOPAC and the Met, not its own internal thinking.

Joseph Barrett KC, for MOPAC, said in written submissions the organisation consented for the mayor to be included "on a pragmatic basis".

Sarah Brown, who was appointed as Downing Street's director of communications in July after working as Khan's director of communications and strategy, must also have her messages searched, the court heard.

MOPAC confirmed Brown "initiated" press briefings about the decision.

The date range for the communication searches will be determined at the hearing in London before Mr Justice Constable.

When it blocked the contract earlier this year, MOPAC said Palantir was the only supplier the Met had seriously considered. It also said the force had failed to present its procurement strategy to MOPAC for approval, which it called a "clear and serious breach" of procedure that meant City Hall could not ensure value for money.

In June, Palantir filed a legal claim against MOPAC at the High Court, with lawyers for the company claiming in court documents that the body introduced an "unlawful veto" by wrongly considering the firm's "values and ethics" when deciding to block the contract.

It is seeking a declaration that MOPAC has acted unlawfully, an order quashing the decision, and an order that the contract be awarded to the claimant.

MOPAC'S lawyers claimed the Met's procurement strategy was unlawful or created a risk of "unlawfulness".

The two sides have between them set aside more than £8m in legal costs for the case, according to budgets agreed with the court.

The Met has since begun working on a new procurement process for the contract.

A full hearing of the case is due to be held in January next year.

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