header-logo header-logo

Public: An unlawful procession?

05 March 2009 / Seamus Burns
Issue: 7359 / Categories: Features , Public , Community care , Constitutional law
printer mail-detail

Kay is a welcome boost for small but priceless freedoms. Seamus Burns explains why

It is extremely heartening to see the law lords recognising the perils of acceding to the wishes of the police in insisting on cyclists giving advance notice of an impromptu, yet long established, cycle ride (see Kay v Commissioner of the Police of the Metropolis [2008] UKHL 69, [2008] All ER (D) 255 (Nov)).

This may appear an innocuous requirement by the police, but, is nonetheless, a worrying example of the executive (here the police) chipping away at our residual freedoms. The law lords' decision arguably recognises that authoritarian societies can emerge incrementally: the price of our freedoms rest on the constant vigilance partially of our judges.

Legal issues

Lord Phillips set out the “agreed facts” in the case, namely: “Critical Mass is not an organisation but the name given to a recurrent event…It takes place in central London on the evening of the last Friday of every month, as it has done

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll