Source: All England Reporter
Publisher Citation: [2012] All ER (D) 88 (Jan)
Neutral Citation: [2012] EWHC 34 (QB)
Court: Queen's Bench Division
Judge: Lindblom J
Representation David Forsdick and Zoe Leventhal (instructed by Andrew Colvin, the Comptroller and City Solicitor, City of London Corporation) for the claimant.
  John Cooper QC and Michael Paget (instructed by Kaim Todner) for the first defendant.
  The second and third defendants appeared in person.
Judgment Dates: 18 January 2012

Catchwords

Public order - Public place - Premises or place to which public have or are permitted to have access - Defendant protestors setting up camp outside St Paul's Cathedral - Claimant seeking order for possession of land including highway and injunctive relief - Whether claimant entitled to order for possession - Whether injunction should be granted - Town and Country Planning Act, s 55 - European Convention on Human Rights, arts 9, 10, 11.

The Case

Public order Public place. The Queens' Bench Division, in allowing an application by the claimant City of London Corporation, held that it would not be disproportionate to the rights of the defendants under arts10 and 11 of the European Convention on Human Rights to grant the claimant an order for possession and the injunctive and declaratory relief it sought in relation to land of which it was the highway authority and local authority in circumstances where the defendants had set up a protest camp outside St Paul's Cathedral.

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