header-logo header-logo

01 December 2011 / Hle Blog
Issue: 7492 / Categories: Blogs
printer mail-detail

Keeping occupied

Tom Hennessey looks at the curious case of the protesters who won’t leave...

"A four-day hearing at the High Court has been listed for 19 December to consider the curious case of the protesters who won’t leave. The City of London Corporation is trying to evict Occupy London Stock Exchange activists, who have been occupying the area outside St Paul’s since October in a campaign against corporate greed and wealth inequality.

The City of London has argued in its proceedings bundle that any significant physical obstruction of the public highway which unlawfully restricts users from the full exercise of their highway rights across its full extent is an offence under s 137 of the Highways Act 1980. According to David Forsdick, counsel for the corporation: “The City’s position is: Peaceful protest? Yes. Permanent encampment? No.”
The protesters were given until 6pm on 17 November to clear their tents from areas on the highway, but eviction notices were removed and they vowed they would stay and fight a legal battle.

The right to protest is protected by the Human Rights Act 1998 and Art 11 of the European Convention on Human Rights. However, the City of London points to Mayor of London v Hall [2010] All ER (D) 171 (Jul) in which it was held that interference with protester’s rights under Arts 10 and 11 of the Convention was proportionate in relation to a semi-permanent, large camped protest on public open space.

It is vital that such public protests are held periodically, if only to remind the public and authorities that they are a normal part of a democratic system.

If a government were to form in Utopian unity with the voters, we’d need to make up a gripe just to keep the whole process ticking along...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7492 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll