Tuesday 3 November 2020

Martin Redston's application re Cummings 'the lockdown avoider' is Refused by High Court but he says, 'This isn't over yet'

Following the High Court decision to refuse Martin Redston's application in the DPP/Dominic Cummings case he made this statement:

Our Judicial Review application in the DPP/Cummings case in High Court today was Refused. I don’t know, and I don't think my legal  team know what to do yet,  until we get the Judges’ written reasons for the decision, later this week. Our  feeling is that the decision was already made before our Counsel got to his feet and we lost on a technicality. The main points being addressed outside the massive document submissions, centred on the DPPs duty and power using clear and unambiguous  arguments as to why the original High Court judge had previously been wrong in his written ruling..  

Michael Mansfield QC was brilliant, making our case and answering Judges’ questions for forty minutes. The opposing counsel for the DPP hardly said anything, just relying on the original submission in the High Court and the judge's original ruling.  Naturally we were disappointed with the result.

This hearing was in the Divisional Court presided over by an Appeal Court judge sitting with a High Court judge. There might be the possibility of an Appeal. However, I am still trying to consider if there is any way of taking action directly against Cummings,  now that we have established the principle that the DPP won't stand in our way and try to block us in the attempt.

The good news is that the Judge refused an application for the DPP to escalate their costs above the minimum appropriate to the actions to date.

Thanks to our diligent and valiant legal team. I am very grateful for the many hours late into the night and all the advice and support that they have provided over the months leading up to this hearing.

Finally, thanks to our supporters...this isn’t over yet and therefore any additional funds that we can raise will give us confidence to carry on until the lockdown avoider is brought to book.

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