Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 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 the use of social distancing measures such as those that the Claimant proposes, it is possible to recognise a qualitative difference in terms of the risk of transmission of the virus between a situation such as a religious service where a number of people meet in an enclosed space for a period of an hour or more, and the transitory briefer contact likely in a setting such as that of shopping in a garden centre.’

Swift J
[2020] EWHC 1392 (Admin)
European Convention on Human Rights 9 13, Health Protection (Coronavirus Restrictions) (England) Regulations 2020
England and Wales
CitedSmith v Inner London Education Authority CA 1978
Lord Denning MR doubted the applicability of the criteria in American Cynamid to public law proceedings. It is appropriate at the interface of public law and private law for the public interest to be taken into account as one of the factors in the . .
CitedRegina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
CitedMedical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 21-May-2010
The claimant challeged as unlawful the respondent’s policies as to expedited removals of persons from the United Kingdom. . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Health

Updated: 01 November 2021; Ref: scu.651138