header-logo header-logo

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

Public: An unlawful procession?

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll