JUDICIAL REVIEW AGAINST LOCKDOWN

JUDICIAL REVIEW AGAINST LOCKDOWN

The English Democrats have sent a letter of claim in accordance with the pre action protocol for judicial review claims, https://www.englishdemocrats.party/lockdown.

Below is a link to an article, that alleges that the Covid 19 legislation represents a disproportionate interference with rights and freedoms. The article is primarily focused on human rights legislation, but the same arguments could be used to allege ‘Wednesbury unreasonableness’.

This is the test that must be met for a Claimant to be successful in a judicial review, namely the decision by the public body or public official was so unreasonable that no reasonable decision maker would have made the decision; the Court will not substitute its own judgement for that of the decision maker.

I would welcome the lockdown measures being tested in a judicial review case; the empirical evidence, modelling and strategies relied on by the Government can be scrutinised and the Court can be asked to analyse expert evidence from economists and others as to the harm that is being caused by the lockdown.

Large sections of the mainstream media are seemingly trying to generate hysteria, by for example, personalising the tragic deaths of individuals who allegedly died of Covid 19 and publishing misleading articles about body bag shortages. Such tactics are unlikely to influence a judge.

https://fieldcourt.co.uk/wp-content/uploads/Francis-Hoar-Coronavirus-article-on-ECHR-compatibility-20.4.2020-2.pdf