By Gabriel Princewill-
British Entrepreneur, Simon Dolan, has raised over £100,000 in crowdfunding to challenge the legality of the Uk lockdown.
In what could be set for a dramatic showdown in the absence of some understanding between him and representatives of the Health secretary, Matt Hancock.
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The multimillionaire worth an estimated £142m set up a crowdfunding page to support a potential High Court battle against the British government over the legality of the lockdown .
Dolan’s solicitor Michael Gardner of Wedlake Bell told The Eye Of Media.Com that the crowdfunding had yielded £100k in just 3 days of being launched, adding that it showed ” it sends out a strong message and showed the public support for the legal challenge. The full case will cost £125k”.
Gardner said the crowdfunding request was to gauge the public support for the challenge. It sends quite a message when the public put their hands in their pocket, he said.
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Mr Gardner added that the regulations used for the UK lockdown were not debated in Parliament, but passed through a statutory instrument known as The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 . It reads:
“The Secretary of State considers that the restrictions and requirements imposed by these
Regulations are proportionate to what they seek to achieve which is a pubic health response to that threat”.
The widely diversified lawyer who generally specialises in Commercial law also insists that the social distancing rule of 2 metres was not passed in Parliament when initially announced. And like former Supreme judge, Lord Sumption, who openly attacked Derbyshire police at the end of March for being heavy handed in enforcing the Lockdown, he insists the British police do not currently possess the legal authority to hand down fines for breaching the lockdown, despite hundreds of fines that have been given.
Disproportionate
Mr. Dolan asserts the lockdown to be disproportionate and destructive to the economy at a cost of £2bn.
On April 30th, the successful entrepreneur openly called on the British government to end the lockdown and return children to school. He also wants to see the restrictions of social distancing, currently restricted to three persons who are two metres apart broadened beyond two people, to include gatherings of up to 100.
His legal team gave the government until May 7 for a response, but the government said the detailed nature of their challenge required more time to respond. The proposed date was today, May 14th. It remains to be seen what comes of this challenge.
The entrepreneur’s legal notification to the Health Secretary does not address the severity of the pandemic which has engulfed multiple nations, but questions the proportionality of the regulations laid down by the government and their legality.
Strength
A leading human rights lawyer, Philip Havers QC, has apparently been appointed to bolster the professional strength of Dolan’s legal team , which has called for all SAGE publications to be made public.e
Representatives of Mr Hancock told The Eye Of Media.Com that the lockdown was legal and passed through the Emergency Powers of the Coronavirus Act 2020.
Regulations and the Amendment Regulations were debated and approved by the House of Commons on 4 May 2020 in line with the requirements of s.45R of the Public Health (Control of Disease) Act 1984, and further debated on 12 May.
The British Government say the regulations will be reviewed at least every 21 days.Mr Gardner says the Uk Lockdown was not passed through parliament, but implemented as a Statutory instrument, which he says can be done. However, he disputes the authenticity of the process. ”It was not debated in Parliament he says. The police cannot be asked to asked to impose fines on people, they have to enforce what is law””.
Mr Gardner is premising his legal challenge on three main points:
First of all, he is arguing that the lockdown is “ultra vires” , in other words in excess of legal authority. He argues it implemented regulations under the Public Health Act 1984 instead of the Civil Contingencies Act 2004 or the emergency Coronavirus Act 2020.
Secondly, he argues that the government’s imposition of the lockdown is disproportionate in law and fails into account its impact on the economy, jobs and wider health.
Finally, Gardner argues that it breaches the European convention on human rights embodying the right to liberty, family life, education and property.
Only yesterday, John Waters and Gemma O’ Doherty failed in their bid to end the lockdown in Ireland. Lawyers for State respondents, as well as lawyers for the Dáil, Seanad and the Ceann Comhairle, who were notice parties, oppose the action.
Mr. Justice Meenan said the applicant’s claims were not arguable and the court could not grant them permission to have their challenge determined at a full hearing of the High Court.
Interference
The judge said that while the laws have interfered with everyone’s lives he did not accept the applicant’s claim that the legislation was in breach of various articles of the Constitution concerning the family and social policy rights, and the right to freedom of movement. He added that an arguable claim that the limitations and restrictions were disproportionate would require evidence in a sworn statement supporting their views.
Judges in different courts are known to often disagree on legal principles, and unlike the Belfast duo who were self represented, Dolan appears to have a more formidable team.
It will still take quite a performance to get a court to end a lockdown instituted because of Covid-19, except the British government yields to his heavy demands.
Image: Getty Images
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