header-logo header-logo

01 December 2011 / Hle Blog
Issue: 7492 / Categories: Blogs
printer mail-detail

Keeping occupied

Tom Hennessey looks at the curious case of the protesters who won’t leave...

"A four-day hearing at the High Court has been listed for 19 December to consider the curious case of the protesters who won’t leave. The City of London Corporation is trying to evict Occupy London Stock Exchange activists, who have been occupying the area outside St Paul’s since October in a campaign against corporate greed and wealth inequality.

The City of London has argued in its proceedings bundle that any significant physical obstruction of the public highway which unlawfully restricts users from the full exercise of their highway rights across its full extent is an offence under s 137 of the Highways Act 1980. According to David Forsdick, counsel for the corporation: “The City’s position is: Peaceful protest? Yes. Permanent encampment? No.”
The protesters were given until 6pm on 17 November to clear their tents from areas on the highway, but eviction notices were removed and they vowed they would stay and fight a legal battle.

The right to protest is protected by the Human Rights Act 1998 and Art 11 of the European Convention on Human Rights. However, the City of London points to Mayor of London v Hall [2010] All ER (D) 171 (Jul) in which it was held that interference with protester’s rights under Arts 10 and 11 of the Convention was proportionate in relation to a semi-permanent, large camped protest on public open space.

It is vital that such public protests are held periodically, if only to remind the public and authorities that they are a normal part of a democratic system.

If a government were to form in Utopian unity with the voters, we’d need to make up a gripe just to keep the whole process ticking along...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7492 / Categories: Blogs
printer mail-details

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
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

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll