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Out of order?

19 October 2012 / Ruth Brander
Issue: 7534 / Categories: Features , Public
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Is our right to protest under threat, asks Ruth Brander

In the fifth of a series of articles specially commissioned to mark the 75th anniversary of Atkin’s Court Forms, Ruth Brander, a barrister & contributor to Atkin’s Court Forms, considers recent cases on the law of protest.

Britain’s summer in the spotlight has been hailed as a triumph, with both the Diamond Jubilee celebrations and the Olympic and Paralympic Games passing off “trouble-free”. But what has been the cost in terms of freedom of expression and the right to protest?

As Danny Boyle’s Olympic opening ceremony celebrated Britain’s traditions of diversity, innovation, creativity and humour, outside the stadium, 182 cyclists were being kettled and then arrested for participating in “Critical Mass”—a monthly mass cycle ride through central London, open to all, and with no pre-determined route. On the evening of 27 July 2012, despite Critical Mass having taken place monthly since 1994 without significant threat to public order, the Metropolitan Police sought to impose conditions under s 12 of the Public

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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