Source: All England Reporter
Publisher Citation: [2012] All ER (D) 144 (Apr)
Neutral Citation: [2012] EWHC 1123 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Sir Roger John Thomas P and Silber J
Representation Jessica Simor and Christopher Brown (instructed by Bindmans LLP) for the claimant.
  Natalie Lieven QC and Jacqueline Lean (instructed by Legal Services Department, Westminster City Council) for the authority.
  Adam Clemens (instructed by the solicitor for the Metropolitan Police for the first interested party.
  Jonathan Swift QC and Gerard Clarke (instructed by the Treasury Solicitor) for the second interested party.
Judgment Dates: 27 April 2012

Catchwords

Public order - Public place - Premises or place to which public have or are permitted to have access - Claimant peace protestor conducting protest from site in Parliament Square - Defendant local highway authority seeking to remove claimant from site - Authority deciding to enforce powers and direct claimant to cease prohibited activities and remove prohibited items from site - Whether decision breaching claimant's rights - Whether claimant entitled to declaration of incompatability in respect of powers - Serious Organised Crime and Protest Act 2005, - Police Reform and Social Responsibility Act 2011, ss 143, 145 - European Convention on Human Rights, arts 10, 11 and 6.

The Case

Public order Public place. The Administrative Court, in dismissing the claimant's application for judicial review, held that the defendant local highway authority's decision to enforce Pt3 of the in respect of the claimant's use of a tent in Parliament Square as part of her peace protest had not breached her rights under the European Convention on Human Rights, nor was it incompatible with an authorisation granted pursuant to the .

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