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03 September 2021 / Alec Samuels
Issue: 7946 / Categories: Features , Public , Human rights , Criminal
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Protestors & the highway: striking a balance?

Alec Samuels discusses the pressing need for compromise between protesters & the public

We live in a free society under the rule of law. We understand that the exercise of a right may conflict with the exercise of another person’s right, and balance and resolution must be found. Every right carries a corresponding duty or responsibility to respect the rights of others.

Protesters appear and cause obstruction and interference to others. They may be protesting about any number of things. The arms trade. Nuclear weapons. Government policy overseas. A party political issue. Climate change and pollution. COVID regulations. Hunting. Grouse shooting. Low prices for farm produce. A proposed new road or railway. A proposed new speed limit. Religious persecution. Immigration.

Other people may agree with them, or not. But the inescapable fact is that the highway is obstructed, the conduct of normal business is prevented or impeded, access to and egress from private property is prevented or impeded, and indeed private property may be trespassed upon

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Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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