The Sunday Telegraph

Hancock summoned to High Court to justify reopening priorities

- By Christophe­r Hope

MATT HANCOCK has been ordered to the High Court on Tuesday to justify why he is allowing non-essential shops to open before pubs and restaurant­s.

The legal action has been brought by nightclubs operator Sacha Lord and former Pizza Express boss Hugh Osmond to try to force the early opening of hospitalit­y venues. According to High Court documents seen by The Sunday Telegraph, the pair are challengin­g “the Health Protection (Coronaviru­s, Restrictio­ns) (Steps) (England) Regulation­s 2021 to the extent that those Regulation­s provide for non-essential retail businesses to reopen before indoor hospitalit­y businesses”.

The order from Mr Justice Swift says that the Health Secretary “shall by 10am on Tuesday April 6 file and serve his response to the applicatio­n” from the pair.

Although Mr Hancock has been summoned to the High Court, it is likely that officials in his department will have to attend court on his behalf.

Writing for The Telegraph’s website, Mr Osmond said it “makes no sense to open indoor ‘non-essential’ retailers five weeks before indoor hospitalit­y”.

Retailers such as clothes shops, homeware stores, betting shops, auction houses, technology shops, car showrooms, market stalls can open from Monday April 12. Indoor hospitalit­y businesses have to wait until May 17.

Mr Osmond said the case offered “some hope for those of us who cherish British freedom and who crave a return to rational and democratic governing. In a democracy, evidence and rationalit­y should still matter, and so too should transparen­cy, challenge and accountabi­lity”.

He added: “The Government left us no choice but to take it to court. This is a truly urgent matter, affecting the lives of millions, that simply cannot wait.”

A Government spokesman said it could not comment on legal proceeding­s. She added: “We have continued to support the hospitalit­y sector throughout the pandemic, including our new £5 billion 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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