Claimant loses legal challenge over refusal of Culture Recovery Fund loan

The Secretary of State for Culture, Media and Sport has defeated a judicial review challenge to a decision not to give a Government loan to a music festival promoter.

Get Real Marketing Company had applied last year to the Culture Recovery Fund, which was set up by the Government to distribute cheap loans from a £1.57bn fund to cultural bodies struggling during the pandemic.

Loan decisions rested with the Culture Recovery Board, chaired by Sir Damon Buffini, which refused the loan on the basis that Get Real had not exhausted all other funding opportunities.

Get Real runs the Wilderness and Lovebox music festivals among other events. The application for judicial review was granted last autumn.

Stephen Kosmin of 11KBW successfully defended the board’s decision in the first challenge against it to proceed to a substantive hearing.

Richard Hermer QC, sitting as a deputy High Court judge, awarded costs to the Secretary of State.

Mark Smulian