Francis Hoar acts in potential legal challenge to hotel quarantine rules

24 February 2021

Francis Hoar represents a solicitor who is seeking judicial review of the government’s hotel quarantine laws.

The solicitor, Felipe Hotta claims the Government has disproportionately infringed the human rights of UK and Irish citizens and residents returning to England by imposing mandatory hotel quarantine on them:

  • at their own cost without considering viable alternatives (as successfully implemented in other countries)
  • irrespective whether they have Covid-19 symptoms, or have tested negative for Covid-19 once, or perhaps more times, after arriving in the UK.

The solicitor has launched a crowdfund campaign via legal funds platform CrowdJustice to support the case.

Legal background to the case

Article 5 of the European Convention on Human Rights provides that  no-one shall be unduly deprived of their liberty. While Article 8 protects everyone’s right to respect for private and family life, home and correspondence from any undue interference by public authorities.

Additionally the UK is a member state of the WHO and has committed to abiding by the international health regulations. Under Article 40 of the regulations, member states are expressly prohibited from imposing a charge to travellers who are subject to quarantine requirements.

Francis has acted in previous Covid-19 restrictions-related cases: representing businessman Simon Dolan in his judicial review of the lockdown restrictions, a solicitor challenging the travel quarantine laws and bringing a challenge to the government’s legal restrictions on weddings.

Tom Hickman QC and Adam Wagner are also acting for Mr Hotta.