A High Court judge has dismissed a legal challenge brought by historian Laurence Westgaph against National Museums Liverpool (NML). The case followed actions taken by the museums' body after a local newsletter published a series of allegations against Mr Westgaph, which he denies.
Judge Stephen Davies ruled that the claim could not proceed, refusing an application to extend the time for service. The judge noted that even with an extension, the claims were not considered "reasonably arguable."
Key Takeaways
- Historian Laurence Westgaph initiated a legal challenge against National Museums Liverpool (NML) following their response to a news article.
- NML suspended Mr Westgaph from voluntary activities and banned him from its sites after the article was published on February 8.
- Mr Westgaph claimed NML's actions caused significant reputational and professional damage.
- The High Court dismissed the challenge, with the judge stating the claims were "not reasonably arguable."
- An independent review commissioned by NML found the organisation acted in line with its policies in Mr Westgaph's appointment.
The Catalyst for the Dispute
The legal proceedings began after an article was published on February 8 by a local online newsletter, The Post. According to court documents, the article contained several serious allegations against Mr Westgaph, a prominent historian specialising in slavery and black British history.
The published allegations, all of which Mr Westgaph denies, included claims that NML had appointed him as a freelance historian-in-residence despite being aware of past spent convictions. The article also alleged he was a "perpetrator of sexual and domestic violence" and that NML had ignored warnings about his behaviour towards female colleagues.
Mr Westgaph has consistently denied all allegations and stated he was "committed to fully co-operating with the police with any enquiries they have." For the purpose of the judicial review, Judge Stephen Davies clarified that the "truth or falsity" of the allegations was not the focus of the case, but rather their role as the trigger for NML's subsequent actions.
NML's Response and Subsequent Actions
Following the article's publication, National Museums Liverpool, which operates seven major venues including the International Slavery Museum, took several steps. Initially, NML released a public statement confirming it was aware of the spent convictions but not the other allegations, and announced it was opening an internal investigation.
Four days later, NML clarified that this investigation would be conducted by an external body. The following day, Mr Westgaph was formally notified of his suspension from all voluntary activities with NML. The notification included a ban from entering any NML sites or contacting its employees.
Timeline of Events
- February 8: Article published with allegations against Mr Westgaph.
- Post-February 8: NML issues a statement and announces an investigation.
- Following Days: NML suspends Mr Westgaph from voluntary roles and bans him from its sites.
- July 11: NML lifts the site ban but states the relationship has broken down.
- September 18: NML publishes findings of an independent review.
- October: High Court dismisses Mr Westgaph's legal challenge.
The email to Mr Westgaph stated, "this does not imply that any decision has been made about the allegations against you." Despite no formal public announcement of the suspension, the court heard it quickly became public knowledge.
The Legal Challenge and Its Grounds
Mr Westgaph, who represented himself in court, argued that the cumulative impact of NML's decisions had been severe. He cited "reputational damage, professional exclusion, academic loss and continuing uncertainty" as consequences of the suspension and the public nature of the dispute.
His legal challenge was based on eight specific points. These included claims of illegality related to the investigation and suspension, procedural unfairness, and multiple breaches of the European Convention on Human Rights. He also sought financial compensation for the damages he claimed to have suffered.
Mr Westgaph's Role with NML
According to National Museums Liverpool, Laurence Westgaph was contracted as a freelance historian-in-residence. His contract ran from August 2020 to June 2024. He is a well-known public speaker and historian in Liverpool, recognized for his expertise in the city's links to the transatlantic slave trade.
NML's legal team contended that the claim should be refused for several reasons. They argued that the legal challenge was submitted too late, that no investigation into Mr Westgaph's personal conduct was ever opened, and that the decision to suspend him was not irrational given the serious nature of the public allegations.
Court's Ruling and Aftermath
In his judgment, Judge Stephen Davies sided with NML, refusing Mr Westgaph's application to extend the time allowed to serve the claim. This decision effectively stops the case from proceeding further. The judge explained that a key reason for the refusal was that Mr Westgaph, acting as his own representative, was "unable or unwilling to limit his case to a limited number of clearly expressed grounds of challenge to a limited number of decisions."
"Now these proceedings have come to an end it is clear that parties, acting sensibly and reasonably, ought to be able to have a discussion about whether, and if so how, any part of the existing relationship can be restored." - Judge Stephen Davies
The judge added that even if he had granted the time extension, he would have ultimately refused the claim itself, describing the arguments presented as "not reasonably arguable." Despite the ruling, Judge Davies urged both parties to consider alternative dispute resolution to see if their professional relationship could be repaired.
Separately, NML published an update on its website regarding the independent investigation conducted by an external body named brap. The statement, last updated on September 18, said the review "concluded National Museums Liverpool acted in line with its policies in the appointment of its historian in residence and identified ways it could strengthen its internal policies and procedures."
Breakdown of the Professional Relationship
On July 11, long before the court case concluded, NML wrote to Mr Westgaph. The letter informed him that he was once again free to attend public areas of NML properties. However, it also signaled a severe fracture in their professional association.
The letter stated: "In light of the recent communications between you and NML, the trustees are of the view that there has been a complete breakdown in our relationship." It added that the trustees felt it would be inappropriate for him to resume participation in stakeholder groups until a "trusting and effective relationship" could be re-established.
NML also noted that any potential resumption of his participation would first require a risk assessment related to safeguarding and staff welfare.