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R (Hotta & Ors) v Secretary of State for Health & Social Care


[2021] EWHC 3359 (Admin)

The High Court considered whether the Government’s policy of mandatory hotel quarantine for travelers returning to Britain from Red List countries amounted to an unlawful deprivation of liberty under Article 5 of the European Convention on Human Rights. Juliet represented the Claimants, led by Jamie Burton KC and Adam Wagner.

The scheme was implemented by the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021, and was estimated to have affected some 200,000 travelers by the time of the hearing.

The Court concluded that even if the scheme amounted to a deprivation of liberty for the purposes of Article 5, it was a lawful and proportionate interference with that right under Article 5(1)(e) (which permits detention “for the prevention of spreading of infectious diseases”).

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