header-logo header-logo

17 January 2014 / Keith Davies
Issue: 7590 / Categories: Features , Public
printer mail-detail

Thou doth protest too much

web_davies_2

Keith Davies examines the court’s approach to the right to protest on public land

If protesters and sitters-in invade private land unbidden that is trespass, actionable at the suit of the owner-occupier. As to publicly-owned land, a public body as owner-occupier can bring actions for trespass; but does this apply to open land with public rights of access, or to highways? The owner may be a remote authority such as the Crown, or some other large organisation, which should make no difference in principle. But the Human Rights Act 1998 incorporates European Law in the shape of the Convention on Human Rights and Fundamental Freedoms 1950, which includes a Right to Freedom of Expression (Art 10) and a Right to Freedom of Assembly and Association (Art 11), which were not invented yesterday (or in 1950): consider Speakers’ Corner in Hyde Park. English common law does not impose a maximum size of membership upon gatherings of people to discuss public or private concerns so long as there is, eg no breach of the

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll