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Freedom of expression — Freedom of assembly — Defendant erecting fencing on site where protesters wished to hold demonstrations — Whether protestor’s rights to freedom of expression and of assembly and association infringed — Whether infringement justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 11

19 January 2016

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) [2015] EWHC 3584 (Admin); [2015] WLR (D) 548

QBD: Garnham J

  • 8 December 2015

The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.

Garnham J so held in the Queen’s Bench Division in dismissing a claim for judicial review by the claimant, George Barda, of a decision of the defendant, the Greater London Authority, to erect and maintain fencing on and around Parliament Square Garden at the time of demonstrations carried out by an association “Occupy Democracy”. The claimant, a member of the association, contended that the decision interfered unjustifiably with the exercise of his rights under articles 10 and 11 of the Convention for the Protection of Human R...

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