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05 March 2009 / Seamus Burns
Issue: 7359 / Categories: Features , Public , Community care , Constitutional law
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Public: An unlawful procession?

Kay is a welcome boost for small but priceless freedoms. Seamus Burns explains why

It is extremely heartening to see the law lords recognising the perils of acceding to the wishes of the police in insisting on cyclists giving advance notice of an impromptu, yet long established, cycle ride (see Kay v Commissioner of the Police of the Metropolis [2008] UKHL 69, [2008] All ER (D) 255 (Nov)).

This may appear an innocuous requirement by the police, but, is nonetheless, a worrying example of the executive (here the police) chipping away at our residual freedoms. The law lords' decision arguably recognises that authoritarian societies can emerge incrementally: the price of our freedoms rest on the constant vigilance partially of our judges.

Legal issues

Lord Phillips set out the “agreed facts” in the case, namely: “Critical Mass is not an organisation but the name given to a recurrent event…It takes place in central London on the evening of the last Friday of every month, as it has done since April 1994.”

There had been 140 of these Critical Mass

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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