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The bigger picture

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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