Test case to determine issues of principle in relation to policy coverage under various specimen wordings underwritten by the defendants in respect of claims by policyholders to be indemnified for business interruption losses arising in the context of the COVID-19 pandemic and the advice of and restrictions imposed by the UK Government in consequence. Held: … Continue reading The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and Others: ComC 15 Sep 2020
Challenge to closures of schools and other provisions taken under the Regulations. Held: The Secretary of State had the legal power to make the Regulations. In making and maintaining the Regulations, he had not fettered his discretion. He had had regard to relevant considerations. He has not acted irrationally. He has not acted disproportionately. Permission … Continue reading Dolan and Others v Secretary of State for Health and Social Care and Another: Admn 6 Jul 2020
Judges: Mrs Justice Lieven Citations:  EWCOP 2,  PTSR 990,  COPLR 237 Links: Bailii Statutes: Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 Jurisdiction: England and Wales Health Updated: 11 April 2022; Ref: scu.659230
Lockdown Measures not Ultra Vires the 1984 Act The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They submitted that the regulations imposed sweeping restrictions on … Continue reading Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another: CA 1 Dec 2020
No declaration to require police to allow vigil The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights. Held: The declaration was … Continue reading Leigh and Others v Commissioner of The Police of The Metropolis and Another: Admn 12 Mar 2021
Self-Isolation Regulations within SS powers The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus. Held: The request for judicial review was rejected. The term ‘self-isolation’ was not used in its general sense, but with the particular meanings set out in the Regulations, and the law which might apply to a general … Continue reading Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care: Admn 1 Dec 2020
No interim relief for Mosque Services The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities allowed. Held: Interim relief was refused: ‘even accounting for … Continue reading Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 2020
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been . .