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10 September 2021 / Nicholas Dobson
Issue: 7947 / Categories: Features , Public , Human rights , Criminal
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Obstructing the highway & human rights

56836
Nicholas Dobson considers whether the interpretation of human rights has too often become counter-intuitive to many outside a patrician élite
  • The correct test for a statutory ‘lawful excuse’ defence is where there is a material error of law apparent on the face of the case, or if the decision is one which no reasonable court, properly instructed as to the relevant law, could have reached on the facts found.
  • Arms trade protestors had a lawful excuse under Articles 10 and 11 of the European Convention on Human Rights when they were charged with wilful obstruction of the highway on an approach road to an arms fair at the Excel Centre in East London.

Addressing the Congress of Europe in The Hague on 7 May 1948 (with the Holocaust and other horrors still devastatingly raw), Winston Churchill remarked ‘in this dark hour’ that: ‘In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.’ This became the European Convention on Human Rights (to which Britain was the first

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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