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01 December 2011 / Hle Blog
Issue: 7492 / Categories: Blogs
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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
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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