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17 January 2014 / Keith Davies
Issue: 7590 / Categories: Features , Public
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Thou doth protest too much

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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 peace involved.

Judicial review now governs UK public law. Thus

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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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