Lockdown 'ultra vires'? Judicial review

[CW2]

Personally I like decisions that are based on facts, rather than wishful thinking. There is a body of evidence (excuse the phrase) that suggests we were actually too slow to react and should have locked down sooner. Thr phrase "following the advice..." is all too apt here. There was a lot of following going on, and not enough anticipating. Likewise a number of countries across Europe and elsewhere are now reversing some of the liberalisation which has taken place in recent weeks. That's not what I want to hear, but launching judicial reviews and wasting more time and money in defending them is the last thing anybody needs right now.

 

[AdamWW]

Personally I like decisions that are based on facts, rather than wishful thinking. There is a body of evidence (excuse the phrase) that suggests we were actually too slow to react and should have locked down sooner. Thr phrase "following the advice..." is all too apt here. There was a lot of following going on, and not enough anticipating. Likewise a number of countries across Europe and elsewhere are now reversing some of the liberalisation which has taken place in recent weeks. That's not what I want to hear, but launching judicial reviews and wasting more time and money in defending them is the last thing anybody needs right now.

I think it is very hard to argue that if we were going to lock down, it should have been earlier.

 

[DB]

Personally I like decisions that are based on facts, rather than wishful thinking. There is a body of evidence (excuse the phrase) that suggests we were actually too slow to react and should have locked down sooner. Thr phrase "following the advice..." is all too apt here. There was a lot of following going on, and not enough anticipating. Likewise a number of countries across Europe and elsewhere are now reversing some of the liberalisation which has taken place in recent weeks. That's not what I want to hear, but launching judicial reviews and wasting more time and money in defending them is the last thing anybody needs right now.

And it is a fact that this approach - of attemting to eradicate a virus with worlwide spread in a short timescale - has never been attempted before.

And there is no reason to assume it is actually possible. If not, what's the backup plan in order to avert major health (everything non covid), social and economic problems?

It appears that there isn't one!

 

[furlong]

Looks like the Court of Appeal has agreed to hear the appeal against the refusal of permission to hold a judicial review - suggesting a full hearing in (physical) court the week of 28th September, live-streamed, with provision (if it so decides) to hold any substantive hearings at the same time.

[the previous judgement] "is impressive and cogent. Ultimately, it may well be found to have been correct. However the claim and now this appeal raise important issues: not only did/do the challenged Regulations impose possibly the most restrictive regime on the public life of persons and businesses ever - certainly outside times of war - but they potentially raise fundamental issues concerning the proper spheres for democratically accountable Ministers of the Government and judges."

 

[furlong]

That hearing was delayed by a month, but Simon has just announced

We are today applying to Court for an urgent hearing and injunction to overturn the new lockdown laws.
If the injunction is granted any official who tries to impose the lockdown laws will be in contempt of Court
Case should be heard next week

 

[brad465]

Perhaps a sign of hope for Simon Dolan and his case, Madrid's regional court has struck down a partial lockdown order:

https://www.bbc.co.uk/news/live/world-54460270

Madrid's regional court has struck down an order that imposed a partial lockdown in the Spanish capital and nine nearby towns.

In a statement, the court backed an appeal by the local authorities, saying the order by the Spanish health ministry "impacted on the rights and fundamental freedoms" of some 4.5 million people affected by the restrictions.

The Madrid region had been forced to ban residents from leaving their houses without a valid reason from last Saturday.

 

[6862]

Perhaps a sign of hope for Simon Dolan and his case, Madrid's regional court has struck down a partial lockdown order:

https://www.bbc.co.uk/news/live/world-54460270

I was going to share this on here, very encouraging news from a country which has bee one of the most draconian in almost all its measures!

 

[furlong]

Lord Sumption (a former Justice of the Supreme Court) has just delivered a lecture on 'Government by decree - Covid-19 and the Constitution' - worth watching here.

Simon Dolan's next hearing is scheduled for Thursday this week.

There's also an independent attempt to have a Judicial Review focussing on a multitude of assorted technicalities (detailed in "Final Version of Detailed Statement of Grounds" here).

 

[GRALISTAIR]

All I can say - as have others above -wow.

in essence I think it was poorly executed and evidence to me suggest it was more driven by not wanting to be seen to be doing nothing or something different. Safety in numbers?

yep

 

[island]

There's also an independent attempt to have a Judicial Review focussing on a multitude of assorted technicalities (detailed in "Final Version of Detailed Statement of Grounds" here).

That is one of the worst-drafted cases I have ever had the misfortune to read.

 

[Richard Scott]

That is one of the worst-drafted cases I have ever had the misfortune to read.

Please expand, I have no knowledge of law so any insight would be helpful. Admit started badly when there was an it's when should have been its. Only a small error but shouldn't be there.

 

[island]

It is so riddled with inaccuracies and confused arguments that I would be astounded if a judge gave it the time of day. I simply do not know where to start.

 

[Richard Scott]

It is so riddled with inaccuracies and confused arguments that I would be astounded if a judge gave it the time of day. I simply do not know where to start.

Ok, thanks. Won't ask you to do that!

 

[furlong]

Contents of Lord Sumption's lecture here

During the Covid-19 pandemic, the British state has exercised coercive powers over its citizens on a scale never previously attempted.
...
I do not doubt the seriousness of the epidemic, but I believe that history will look back on the measures taken to contain it as a monument of collective hysteria and governmental folly.
...
The courts will I suspect be tempted to give the government more leeway than they are entitled to. But on well established legal principles, the powers under the Public Health Act were not intended to authorise measures as drastic as those which have been imposed.
...
The police’s powers of summary arrest are regulated by primary legislation, the Police and Criminal Evidence Act 1984. Under Regulation 9(7) of the original lockdown regulations, the government purported to amend that Act by enlarging their powers of arrest so that they extended to any case in which a policeman reasonably believed that it was necessary to arrest a citizen to maintain public health. I need hardly say that the Public Health Act confers no power on ministers to amend other primary legislation in this way.
In fact, the police substantially exceeded even the vast powers that they received.
...
The Public Health Act requires any exercise of its regulation-making powers to be proportionate. The government has included in every regulation to date a formulaic statement that it is. But its actions speak differently.
..
The British public has not even begun to understand the seriousness of what is happening to our country. Many, perhaps most of them don’t care, and won’t care until it is too late. They instinctively feel that the end justifies the means, the motto of every totalitarian government which has ever been.

 

[joncombe]

I gather this took place yesterday and today with a verdict due roughly the middle of next week. I can't say I'm feeling confident he will win, though I do hope he does.

Also his Twitter account got suspended for 12 hours yesterday just as the case started yesterday for the below tweet which he sent on the 17th October. Twitter have since claimed they "suspended the account in error".

In Feb 20, Johnson was talking to the Chinese about them building HS2, and them rolling out the 5G infrastructure in the UK Huge projects with massive security risks A month later, the UK is locked down.