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Occupy LSX update


As you may well have seen in the news, the Corporation of London was granted a possession order and injunction against the tents and camp of Occupy LSX in the churchyard area outside St Paul’s Cathedral by the High Court on Wednesday 18 January. The judgment is on the Judiciary website here.

We’ll have a note on the judgment shortly, but the main finding was that, given the Corporation’s right to possession, the interference with the protestors’ Article 10 and 11 rights was justified and proportionate in view of the need to protect the rights and freedoms of others, including public passers-by, St Paul’s Cathedral, church-goers and businesses in the area.

The freedoms and rights of others, the interest of public health and public safety and the prevention of disorder and crime, and the need to protect the environment of this part of the City of London all demand the remedy which the court’s orders will bring.

Permission to appeal was refused. The Corporation offered a 3 day stay of enforcement for an application for permission to the Court of Appeal. Occupy asked for 7 days. The High Court stayed enforcement for 7 working days, to 4 pm on 27 January, for an application to appeal to be made.

Meanwhile, we wait for the Court of Appeal on the UBS v Bank of Ideas appeal, which will also raise the intriguing issue of Art 10 and Art 11 rights biting as a defence to possession of private property, as opposed to the public highway in City of London -v- Samede.

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.


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