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09 April 2009 / Neil Parpworth
Issue: 7364 / Categories: Features , Public
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Policing power

Is police cordoning a deprivation of liberty? asks Neil Parpworth

In Austin and another v Commissioner of Police of the Metropolis [2007] EWCA Civ 989, [2008] 1 All ER 564 the Court of Appeal decided that in exceptional circumstances, the innocent bystander may have his freedoms restricted in order that the peace be preserved and public order maintained. The House of Lords has recently heard an appeal against the Court of Appeal's decision in Austin (see [2009] UKHL 5). The appeal did not relate to the Court of Appeal's findings in relation to the common law powers of the police. Rather, it was concerned with the decision that the appellant's rights under Art 5(1) of the European Convention on Human Rights (the Convention) had not been infringed by the police officers' actions. Since the case raised a novel point not previously decided by the European Court of Human Rights (ECtHR), it merits further consideration.

On 1 May 2001, a crowd of demonstrators marched into Oxford Circus at approximately 2pm. By the end of the day, there

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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