Challenge to original “lockdown” Regulations dismissed by the Court of Appeal


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

Mr Dolan sought judicial review of the Health Protection (Coronavirus, Restrictions) (England) Regulations (SI 2020/350) which gave effect to the “lockdown” in March 2020. Today, the Court of Appeal handed down its judgment dismissing Mr Dolan’s appeal and refusing permission to appeal to the Supreme Court. The Court of Appeal held that the Secretary of State did have the power (or “vires”) to make the Regulations, and that his other arguments (including under the ECHR) were academic and were in any event unarguable.

Zoe Leventhal was involved in this case.