Source: All England Reporter
Publisher Citation: [2002] All ER (D) 59 (Oct)
Court: Queen's Bench Division
Judge:

Gray J

Representation Jonathon Powell (instructed by Colin Wilson) for the authority.
  Emma Favata (instructed by Bindman & Partners) for the defendant.
Judgment Dates: 4 October 2002

Catchwords

Highway - Obstruction - Obstruction of free passage - Reasonableness - Freedom of expression - Defendant displaying placards as part of protest - Placards obstructing public highway - Highway authority applying to restrain defendant from obstructing highway - Whether injunction to be granted - ss 130, 137 - European Convention on Human Rights, art 10.

The Case

The court ruled that in the circumstances, and with regard to art10 of the European Convention on Human Rights, the defendant's obstruction of the pavement, caused by way of the display of a large number of placards on Parliament Square, was not unlawful or unreasonable, and therefore declined to grant an injunction restraining the defendant from obstructing the highway.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.