Government loses bid to delay High Court challenge from hospitality sector over letting non-essential shops open before pubs and restaurants can serve food and drink indoors
- A judge today threw out the appeal and sided with two prolific businessmen
- Hugh Osmond and Sacha Lord say indoor hospitality should reopen sooner
- Mrs Justice Eady approved their request to expediate despite Govt opposition
The Government has lost its bid to delay a potentially awkward High Court case that challenges the scientific basis for Boris Johnson’s roadmap.
A judge today threw out Matt Hancock’s appeal and sided with two businessmen, who are demanding pubs and restaurants be allowed to reopen indoors sooner.
Former Pizza Express director Hugh Osmond and Manchester’s nighttime economy manager Sacha Lord claim there is no evidence for why non-essential shops can open on April 12 while indoor hospitality must remain shut until May 17.
They are seeking a judge’s ruling and requested the case be hurried through the courts because time is of the essence.
Government lawyers acting for the Health Secretary this morning tried to oppose this expedition – but Mrs Justice Eady disagreed.
A judge today threw out the appeal and sided with two prolific businessmen, who are demanding pubs and restaurants should be allowed to reopen indoors sooner (Coach & Horses pub in Central London remains closed)
Government lawyers acting for Health Secretary Matt Hancock this morning tried to oppose this expedition – but Mrs Justice Eady disagreed
She said: ‘There is a need to expedite consideration of this matter if the challenge is not to be rendered academic by passage of time.’
It paves the way for a High Court showdown on April 19 where a judge will consider the case.
Mr Lord said: ‘We are pleased with the Judge’s decision today to expedite the case and believe the Government’s response this morning was yet another stalling tactic to divert attention away from the lack of scientific data to justify the ongoing closures.’
He has previously demanded ministers present evidence behind the decision to prioritise the opening of non-hospitality settings.
Mr Osmond, founder of Punch Taverns, tweeted: ‘Today was only a small step to hold the Government to account, but an important one.
‘Win or lose now, the Government will have to provide proper evidence to support its position. That is a victory in itself.’
Non-essential retail, gyms and hairdressers can open next week, but pubs and restaurants are limited to outdoor service only until at least five weeks later
Non-essential retail, gyms and hairdressers can open next week, but pubs and restaurants are limited to outdoor service only until at least five weeks later.
The Prime Minister has resisted calls to accelerate his roadmap to lift restrictions, stressing the need for caution so not to trigger a third wave of Covid-19.
‘We can see the waves of sickness afflicting other countries, and we’ve seen how this story goes,’ he said.
‘We still don’t know how strong the vaccine shield will be when cases begin to rise, as I’m afraid that they will, and that’s why we’re saying: please get your vaccine or your second dose when your turn comes.’
Mr Johnson also confirmed that he will be going to the pub on April 12 and ‘cautiously but irreversibly raising a pint of beer to my lips’.
But industry bosses have warned many smaller pubs without beer gardens will struggle to open next week, and could shut for good.
Last month MPs voted to extend the Coronavirus Act for a further six months, handing ministers emergency powers to impose draconian restrictions.
A Government spokesperson said: ‘We have been clear that we want this lockdown to be the last and to achieve that our approach to cautiously easing restrictions is informed by the best available science and the latest clinical evidence.
‘The government has supported the hospitality sector throughout this global pandemic, including our new £5billion Restart Grant scheme, extending the furlough scheme and the VAT cut, and providing 750,000 businesses in hospitality and other sectors with business rates relief.’
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