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29 November 2007 / Seamus Burns
Issue: 7299 / Categories: Features , EU , Human rights
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Protesting their innocence

Seamus Burns is concerned that executive blunderbuss could blow away the rights of peaceful demonstrators

T he recent Court of Appeal decision in Austin and another v Metropolitan Police Commissioner [2007] EWCA Civ 989, [2007] All ER (D) 197 (Oct), signals a worryingly restrictive and diluted interpretation of Art 5 (right to liberty) of the European Convention on Human Rights (the Convention) allied to a correspondingly generous interpretation of police powers controlling protest in a democratic society.

MAY DAY BLUES

The facts of this case are well known. On May Day 2001 (not a Bank Holiday) at about 2pm, a crowd of demonstrators marched into Oxford Circus in London from Regent Street South. Later, other people entered or tried to enter from all points of the compass. Hence, at the end of the day there were around 3,000 people in Oxford Circus. Furthermore, in the general vicinity were crowds of thousands to the north of Oxford Street and on the west side of Oxford Street.

The Metropolitan Police had information that a demonstration

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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