Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor

Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor

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 vires argument fails. The other grounds are academic and, in any event, not properly arguable.

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 / Appeal From Refusal of Permission to Apply for Judicial Review; Application for Permission to Appeal
Outcome
Permission to bring judicial review granted on vires ground only; substantive claim dismissed; permission to appeal refused on other grounds.
Legal Topics
Ultra Vires, Judicial Review Procedure, Covid 19 Regulations, Proportionality, Human Rights Act 1998, Public Health (control of Disease) Act 1984, Freedom of Assembly, Freedom of Religion, Right to Education, Right to Property
Constitutional Law Administrative Law Public Health Law Human Rights Law Ultra Vires Judicial Review Procedure Covid 19 Regulations Proportionality +6 more

Case Brief

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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 / Appeal From Refusal of Permission to Apply for Judicial Review; Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Secretary of State had vires under the Public Health (Control of Disease) Act 1984 to make the Covid-19 lockdown regulations
  2. 2 Whether the regulations were unlawful under domestic public law principles (fettering discretion, failure to consider relevant matters, irrationality)
  3. 3 Whether the regulations were incompatible with 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 vires argument fails. The other grounds are academic and, in any event, not properly arguable.

Court Disposition

Permission to bring judicial review granted on vires ground only; substantive 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 and determined by Court of Appeal