Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor [2020] EWCA Civ 1605 (01 December 2020)

Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor [2020] EWCA Civ 1605 (01 December 2020)

The Secretary of State had the statutory power under the Public Health (Control of Disease) Act 1984, as amended, to make the Covid-19 lockdown regulations; the breadth of the enabling provisions was not cut down by the more particular provisions; and the principle of legality did not preclude such powers. The other grounds were either academic or unarguable.

Citation
[2020] EWCA Civ 1605
Parties
Appellant/claimant: Simon Dolan; Appellant/claimant: Lauren Monks; Appellant/claimant: AB (by his litigation friend CD); Respondent/defendant: Secretary of State for Health and Social Care; Respondent/defendant: Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
01 December 2020
Procedural Posture
Judicial Review / Court of Appeal Application for Permission to Appeal Refusal of Permission for Judicial Review
Outcome
Permission to bring judicial review granted on Ground 1 (vires) only; claim dismissed; permission to appeal refused on other grounds.
Legal Topics
Ultra Vires, Judicial Review, Covid 19 Regulations, Human Rights Act 1998, Proportionality, Standing, Time Limits, Emergency Legislation
Public Law Constitutional Law Human Rights Ultra Vires Judicial Review Covid 19 Regulations Human Rights Act 1998 Proportionality +3 more

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Parties

Simon Dolan

Appellant/claimant

Lauren Monks

Appellant/claimant

AB (by his litigation friend CD)

Appellant/claimant

Secretary of State for Health and Social Care

Respondent/defendant

Secretary of State for Education

Respondent/defendant

Procedural Posture

Judicial Review / Court of Appeal Application for Permission to Appeal Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State had power under the Public Health (Control of Disease) Act 1984 (as amended) to make the Covid-19 lockdown regulations
  2. 2 Whether the regulations were unlawful under ordinary public law principles (fettering discretion, failure to consider relevant matters, irrationality)
  3. 3 Whether the regulations violated Convention rights under the Human Rights Act 1998 (Articles 5, 8, 9, 11, A1P1, A2P1)

Ratio Decidendi

The Secretary of State had the statutory power under the Public Health (Control of Disease) Act 1984, as amended, to make the Covid-19 lockdown regulations; the breadth of the enabling provisions was not cut down by the more particular provisions; and the principle of legality did not preclude such powers. The other grounds were either academic or unarguable.

Court Disposition

Permission to bring judicial review granted on Ground 1 (vires) only; claim dismissed; permission to appeal refused on other grounds.

Orders

  • Permission to bring claim for judicial review granted but limited to Ground 1 (vires argument)
  • Substantive claim for judicial review retained in Court of Appeal