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Crime brief: 10 March 2023

10 March 2023 / David Walbank KC
Issue: 8016 / Categories: Features , Procedure & practice , Criminal , Public
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David Walbank KC reports on the increasingly thorny issue of criminal damage inflicted through public protest
  • Criminal damage during public protest.
  • Proportionality under the European Convention on Human Rights.
  • Withdrawing the issue from the jury.

The policing of public protest grows increasingly complex. A seemingly endless list of causes about which their adherents demand that the world signals its agreement, combined with the increasing impact of the European Convention on Human Rights (ECHR) in criminal cases—particularly the principle of proportionality—has resulted in a glut of decisions in which the appellate courts have had to grapple with the competing interests of protestors and of the public at large.

Recent cases have related to the blocking of a highway leading to an international arms fair, the occupation of land earmarked for the HS2 high-speed rail link, a rally in Central London against the actions of the state of Israel, Extinction Rebellion’s demands for global action against climate change, an airport protest highlighting the polluting effects of

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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