The Catch-22 of Challenging COVID-19 Laws
By John Waters The High Court in London has rejected the challenge of businessman Simon Dolan to the legality of the British Government’s lockdown rules. The ruling reduces not only the possibility of reaching some port of legal sanity on the lockdown measures generally, but also the chances of defeating similar measures if adopted in response to other crises in the future. Mr. Dolan’s challenge focused on a number of aspects of the regulations, including the closure of schools and places of worship and the denial of the right to free assembly. Rejecting Mr. Dolan’s bid for a Judicial Review of the lockdown measures, The Honourable Mr Justice Lewis said the rules introduced by the Government were justified in the ‘unique’ circumstances of the coronavirus pandemic. He conceded that the lockdown rules had involved "a restriction on the freedom of assembly and association", which freedoms he declared to be important in a democratic society. Nevertheless, he concluded: "The context in which the restrictions were imposed, however, was of a global pandemic where a novel, highly infectious disease capable of causing death was spreading and was transmissible between humans." “There was no known cure and no vaccine," the judge elaborated. "There was a legal duty to review the restrictions periodically and to end the restrictions if they were no longer necessary...