DPP v Ziegler [2021] 3 WLR 179
Seismic Supreme Court decision which re-cast the balance of protest rights in England and Wales back towards demonstrators. The defendants were acquitted of obstructing the highway leading to the DSEI arms fair. The Court held that intentional action by protestors to disrupt the activities of others could come under the protection of the right to freedom of expression within the European Convention on Human Rights, even when the obstruction was more than minimal.
‘The Stansted 15’: R v Thacker [2021] 2 WLR 1087
In 2017 the ‘Stansted 15’ took action to prevent a deportation flight removing people from the UK and taking them to countries where their lives were at risk due to their sexuality. In 2021, the Court of Appeal quashed their convictions for ‘Endangering Safety at an Aerodrome’, holding that the defence interpretation of this rarely charged offence was correct and the court should have acceded to their submission that there was no case to answer. Reported in BBC and Guardian.
INEOS vs Persons Unknown [2019] EWCA Civ 515
We represented environmental campaigners in this successful complex challenge against a High Court injunction brought by the fracking company, INEOS, and designed to deter protest against fracking. This injunction was described as one of the most wide-ranging ever granted against protestors. The case went to the Court of Appeal on a point of principle about suing “persons unknown”. The judgment recognised the serious chilling effect of the INEOS injunction on civil liberties and makes clear that the Court will intervene to prevent powerful companies like INEOS using draconian injunctions to intimidate and deter people from participating in lawful protest against fracking. Reported in Independent and Drill or Drop.
UK Oil and Gas (UKOG) v Persons Unknown [2018] EWHC 2252 (Ch)
Represented six environmental campaigners who took legal action in high-profile challenge seeking to overturn a broad injunction sought by UK Oil and Gas against “persons unknown”, prohibiting lawful acts of protest against fracking activities. Reported in Guardian and Drill or Drop.
Sheffield City Council v Brooke [2018] EWHC 1540 (QB)
First time High Court acknowledges defence of another as a defence to contempt of court. Sheffield tree protestor facing committal proceedings.
‘Rotherham 12’ acquitted of violent disorder against far-right extremists
Twelve Asian defendants were charged with violent disorder after a peaceful anti-fascist demonstration was directed into the path of vicious far-right football hooligans by South Yorkshire police. Ten of the twelve defendants were unanimously acquitted by a jury following a trial in October 2016, three of whom were represented by Garden Court counsel. Not Guilty verdicts were also entered against the remaining two, both represented by Garden Court, after further material came to light affecting the credibility of a key police witness.
R(DPP) v Stratford Magistrates Court [2017] EWHC 1794 (Admin)
High Court considered scope of Prevention of Crime Defence in protest cases. The DPP brought a judicial review against the acquittal, by a district judge, of anti-arms fair protestors on the basis they acted in order to prevent crime by the sale of illegal weapons at the Defence & Security Equipment International (DSEI) arms fair. Eight protesters who blocked roads outside the DSEI arms fair in 2015 were found not guilty. The defendants argued that they were acting to prevent the illegal sale of torture equipment and weapons sold to countries that abused human rights. Garden Court acted at trial and on appeal. Reported in Guardian and Independent.
Occupy Protest acquittals
Garden Court represented four protestors from Occupy Democracy who were cleared of charges relating to a protest in Parliament Square in October 2014. The four were part of a group of protestors who were arrested after sitting on a tarpaulin and were charged with an offence of keeping in place ‘sleeping equipment’ in Parliament Square Gardens. This case was one of the first mass arrests under the PRSRA 2011 legislation governing Parliament Square. Following the judgment, the CPS offered no evidence against a further eight defendants facing similar charges. Reported in London Evening Standard.
