Courts / Ireland / Report

'Fiction and distortion over fact': Waters and O'Doherty fail in Covid restrictions appeal

Date
2021-03-02
Stage
Appeal

Summary

John Waters and Gemma O'Doherty appealed the High Court's refusal to allow them to challenge the constitutionality of Covid‑19 laws and the costs awarded against them. Their judicial review sought to declare measures such as the 2020 Health Preservation and Protection Act and the 2020 Emergency Measures in the Public Interest Act unconstitutional, arguing they infringed rights to travel, bodily integrity and the family. The Court of Appeal, led by Justice George Birmingham, dismissed all grounds of appeal. Birmingham said the High Court's approach was correct, noting the applicants had presented "fiction and distortion over fact," lacked substantive evidence, and had made unsubstantiated claims about the pandemic and the laws. The appeal was rejected, and the applicants were ordered to pay the costs of the proceedings. The case remains at the appeal stage.

Who, what, where, when and why

What: Report matter: 'Fiction and distortion over fact': Waters and O'Doherty fail in Covid restrictions appeal. Procedural stage: appeal

When:

Case subjects

Gemma O'Doherty

Appellant

Places mentioned

Court Venue
  • High Court
  • Court of Appeal
Facility
  • Custom's House

Topics

Stage Appeal

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