No declaration to require police to allow vigil
The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights.
Held: The declaration was refused. The law was as stated in Ziegle and Dolan: ‘it is now clear that there is no real dispute here that that approach is also applicable when looking at the interaction between Articles 10 and 11 and Regulation 10(1) of the 2020 Regulations. So, for example, it is relevant to consider whether a person is exercising rights given by Article 10 or 11. It is also relevant to consider whether a public authority, in this case the police, would be interfering with those rights by enforcing the 2020 Regulations. Then, the legitimacy of the aim of those Regulations is a relevant consideration, together with the question whether the interference is necessary to achieve that aim. The 2020 Regulations are aimed at the protection of public health. All this gives rise to the proportionality exercise described’
Holgate J
[2021] EWHC 661 (Admin)
Bailii, Judiciary
Serious Crime Act 2007, Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
England and Wales
Citing:
Applied – Director of Public Prosecutions v Ziegle and Others Admn 22-Jan-2019
Appeals by case stated from failures at trials of charges of obstructing the public highway in the course of protests at the opening of a Defence and Security fair.
Held: The DPP’s appeals were granted for the first four defendants but . .
Applied – Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another CA 1-Dec-2020
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 10 November 2021; Ref: scu.659862