I have been instructed in a judicial review of the International Travel (quarantine) Regulations. The Crowd Funding site is here: crowdjustice.com/case/end-the-q….
The Grounds are here: static.crowdjustice.com/case_documents….
@JoshuaRozenberg has written about this here: rozenberg.substack.com/p/new-challeng…
The Grounds are here: static.crowdjustice.com/case_documents….
@JoshuaRozenberg has written about this here: rozenberg.substack.com/p/new-challeng…
This judicial review is on similar grounds to that brought by BA, Easyjet and Ryanair, that was withdrawn after the government announced it would introduce 'air bridges', which it did through amending the IT Regulations and adding Schedule A1 (the 'safe list' of countries).
The judicial review, which challenges the amendment to the Regulations adding Croatia in the alternative, are as follows:
(1)There is insufficient scientific evidence to establish that the legislation is necessary to protect public health and it is therefore unlawful (ultra vires) under the Public Health Act;
(2)Indiscriminate quarantine is a violation of the right to liberty under Article 5 of the European Convention on Human Rights and does not fall within limited exceptions as not every person returning from an affected country is infected or potentially infected;
(3)It is a disproportionate breach of Article 5 even if it could fall within the above exception; and also a breach of the right to a private and family life (Article 8);
(4)It is irrational and disproportionate generally;
(5)(Alternatively) there is no policy behind the addition or removal of countries from the ‘safe list’ and no scientific evidence to support an arbitrary limit of 20 cases per 100,000; and
(6)(Alternatively) there is no scientific evidence justifying removing Croatia (and Austria and Trinidad and Tobago) from the safe list in the latest amendment.
The Claimants are anonymous for reasons set out in the Grounds and I am instructed directly.
