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Two UK judges slam maltreatment of Pakistanis in quarantine
National
April 22, 2021
LONDON: Two High Court judges have criticised the UK government’s treatment of travellers from Pakistan who are currently quarantining at various facilities approved by the government, including near Heathrow Airport, in London.
Pakistan was recently added to the government “red list” of countries meaning that any individual entering the UK from Pakistan must now stay in a pre-approved hotel -– quarantine centre - at a cost of at least £1,750 per person for 10 days.
Barrister Zahab Jamali moved the UK High Court of Justice after some British Pakistanis from the quarantine centre near Heathrow Airport reported being forced to stay in cramped, unhygienic hotel rooms with inadequate food, maltreatment and poor services.
LONDON: A British-Pakistani Muslim family has been served pork burgers in the enforced hotel quarantine for arrivals in the UK, as government ministers face legal challenges over the conditions and service.
The family, who paid £4,025 ($5,610) for the hotel, was given the food that they cannot eat due to their religious beliefs.
Other families have reported waiting hours for water deliveries, in what lawyers describe as “morally reprehensible and plainly unlawful” conditions.
In pandemic measures since Feb. 15, all arrivals to Britain who visit countries that are on the so-called “red list” of which there are now 50 are required to quarantine for 10 days.
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In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation,
1 the High Court concluded that where a party has challenged the jurisdiction of the court under the State Immunity Act 1978 ( the SIA ), the English courts do not have the power under s103(5) of the Arbitration Act 1996 (the Arbitration Act ) to order an adjournment of or grant security in aid of proceedings for recognition or enforcement of an arbitral award.
In his judgment, Mr Justice Henshaw reaffirmed the well-established principle that state immunity is a preliminary issue, which must be decided before any other issues in the case. He clarified that any exercise of powers under s103(5) would constitute the assertion of adjudicative jurisdiction over a state in circumstances where the court has not yet determined such jurisdiction to exist.