header-logo header-logo

31 May 2007
Issue: 7275 / Categories: Features , Public , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll