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31 May 2007
Issue: 7275 / Categories: Features , Public , Human rights
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The bigger picture

Adam Clemens looks at the courts’ approach to balancing a person’s right to demonstrate with the powers of the police to stop them

It’s a pretty safe bet that public demonstrations—from animal rights to Iraq—will increase. Policing of demonstrations will, inevitably, come in for closer scrutiny because Art 10 and 11 rights (freedom of expression and peaceful assembly) under the European Convention on Human Rights (the Convention) now have proper recognition. Any failure by police forces to realise the strengths and the implications of those rights—and their obligation to facilitate lawful protest—will lead to ineffective planning, and tortured arguments being taken on appeal when plans break down and civil actions or judicial reviews rain down. In April, the police failed on an Art 2 (right to life) Convention point in Van Colle v Chief Constable of the Hertfordshire Police [2007] EWCA Civ 325, [2007] All ER (D) 190 (Apr) in which the defendant in criminal allegations carried out his threat to kill Giles Van Colle, the main prosecution witness against him. Damages were reduced from £50,000

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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