Delroy Duncan QC successfully represents the Bermudan Premier and Minister of Health

Delroy Duncan QC’s successfully represented the Premier of Bermuda and the Minister of Health in the matter Brewster et al. v Premier of Bermuda and Minister of Health Civil Jurisdiction 2021 No. 162. The interlocutory and final cases concerned the Government mandatory hotel quarantine order for unvaccinated returning residents to pay for a 14 day stay in a hotel until the traveller receives a negative PCR Covid test.

The case summary for the interlocutory judgement is entitled :

“Application for an interim injunction restraining the implementation of mandatory quarantine of unvaccinated residents on the ground that it infringes the Applicants’ fundamental rights under the Constitution; test to be applied in relation to the grant of interim injunction involving constitutional rights; role and obligations of an expert witness in court proceedings”

The case for the final judgment is entitled : 

“Whether mandatory quarantine in a government approved hotel for unvaccinated travellers at their cost amounts to a breach of the Applicants’ fundamental right to freedom of movement under section 11(1) of the Constitution; relevant test to be applied in considering whether the measure in question is reasonably required in the interests of public health; whether the executive has a margin of judgment in relation to that decision”

Links to press articles published throughout the Caribbean:

https://www.royalgazette.com/health/news/article/20210708/quarantine-rules-are-unnecessary-and-irrational-court-told/

https://www.royalgazette.com/court/news/article/20210709/people-more-likely-to-breach-quarantine-if-they-are-at-home-lawyer/

https://www.royalgazette.com/health/news/article/20210713/bermuda-would-need-87-5-herd-immunity-if-delta-variant-takes-hold/

https://www.royalgazette.com/letters-to-the-editor/opinion/article/20210715/quarantine-objection-donors-should-ask-for-their-money-back/