header-logo header-logo

10 September 2021 / Nicholas Dobson
Issue: 7947 / Categories: Features , Public , Human rights , Criminal
printer mail-detail

Obstructing the highway & human rights

56836
Nicholas Dobson considers whether the interpretation of human rights has too often become counter-intuitive to many outside a patrician élite
  • The correct test for a statutory ‘lawful excuse’ defence is where there is a material error of law apparent on the face of the case, or if the decision is one which no reasonable court, properly instructed as to the relevant law, could have reached on the facts found.
  • Arms trade protestors had a lawful excuse under Articles 10 and 11 of the European Convention on Human Rights when they were charged with wilful obstruction of the highway on an approach road to an arms fair at the Excel Centre in East London.

Addressing the Congress of Europe in The Hague on 7 May 1948 (with the Holocaust and other horrors still devastatingly raw), Winston Churchill remarked ‘in this dark hour’ that: ‘In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.’ This became the European

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll