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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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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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