Challenge to original “lockdown” Regulations dismissed by the Court of Appeal
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 represented the Secretary of State for Health and Social Care in this case, led by Sir James Eadie QC.