header-logo header-logo

Thou doth protest too much

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll