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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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
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