Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers

Posted April 8th, 2014 in human rights, news, repossession, trespass by sally

‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’

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Hardwicke Chambers, 18th March 2014

Source: www.hardwicke.co.uk

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Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog

Posted March 18th, 2014 in energy, freedom of expression, human rights, news, repossession, trespass by tracey

‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’

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UK Human Rights Blog, 18th March 2014

Source: www.ukhumanrightsblog.com

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Article 8 and the Private Sector – NearlyLegal

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

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NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

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Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

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Pop stars’ daughter who glued herself to anti-fracking protester found guilty – The Guardian

‘The daughter of musicians Ray Davies and Chrissie Hynde has been found guilty after supergluing herself to a fellow anti-fracking protester outside the main gate of an exploratory oil drilling site.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

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‘War crimes’ defence against Israel company protest convictions fails in Supreme Court – UK Human Rights Blog

Posted February 7th, 2014 in defences, demonstrations, news, public order, trespass by tracey

‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’

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UK Human Rights Blog, 7th February 2014

Source: www.ukhumanrightsblog.com

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Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Sussex landowners mount ‘legal blockade’ against fracking – BBC News

‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’

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BBC News, 3rd February 2014

Source: www.bbc.co.uk

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Prosecutors drop case against men caught taking food from Iceland bins – The Guardian

Posted January 30th, 2014 in food, news, prosecutions, public interest, theft, trespass by sally

‘Three men caught taking discarded food from bins outside an Iceland store will not now be prosecuted after an explosion of criticism over the decision to bring charges against them, including from the company’s chief executive.’

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The Guardian, 29th January 2014

Source: www.guardian.co.uk

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Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

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Buckingham Palace protester jailed – Daily Telegraph

Posted January 16th, 2014 in demonstrations, news, offensive weapons, sentencing, social security, trespass by tracey

‘A man who staged a stunt in which he leapt over a vehicle barrier at Buckingham Palace armed with a knife as a protest against his Incapacity Benefit being stopped has been jailed for 16 months.’

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Daily Telegraph, 15th January 2014

Source: www.telegraph.co.uk

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Violent rapist jailed after court of appeal quashes acquittal – The Guardian

‘A violent rapist has been jailed for life after a landmark legal ruling in which his original acquittal for the offence was quashed by the court of appeal.’

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The Guardian, 7th December 2013

Source: www.guardian.co.uk

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Of Superglue and Residence – NearlyLegal

Posted November 7th, 2013 in evidence, housing, news, retrials, squatting, trespass by tracey

“A prosecution under s.144 LASPO that came unstuck.”

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NearlyLegal, 5th November 2013

Source: www.nearlylegal.co.uk

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Darrell Mercer jailed for attack on sleeping girl, 10 – BBC News

“A convicted sex offender who grabbed a 10-year-old girl as she lay asleep in bed has been jailed for four years.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

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David Mead: The Continuing Mystery of “Publicness” Within Section 6 of the HRA – UK Constitutional Law Group

Posted October 17th, 2013 in demonstrations, human rights, news, sport, trespass by sally

“Guessing that it was not on my usual diet of journals, a colleague recently suggested an article in The Conveyancer that might be of interest. Emma Lees had written an interesting piece ((2013) 77 Conv. 211) on protest occupations and actions for possession but one aspect unrelated to the main topic intrigued me more than any other. In Olympic Delivery Authority v Persons Unknown [2012] EWCA 1012 Ch, the ODA, established under s.3 of the London Olympic Games and Paralympic Games Act 2006, sought injunctions to restrain protesters from entering and/or occupying land that was being developed as part of the Olympic site. Mr Justice Arnold had held that he was required to balance the rights of the putative protesters under Articles 10 and 11 with the ODA’s rights to peaceful enjoyment of possessions under the 1st Protocol (at [24]). I’d skimmed the case last year when judgment was delivered but hadn’t really noticed the point that Emma Lees was making: that it was ‘somewhat surprising that [the ODA] is deemed capable also of possessing human rights’ (Lees, p.215) as it is acknowledged elsewhere in the judgment as a public authority (though Lees uses the term ‘public body’).”

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UK Constitutional Law Group, 17th October 2013

Source: www.ukconstitutionallaw.org

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Dangerous dogs plan will mean no ‘innocent’ trespassers – BBC News

Posted September 10th, 2013 in bills, dogs, news, select committees, trespass by tracey

“Dog owners will be safe from prosecution under revised dangerous dogs laws if their pet attacks someone trespassing in their home – even if the ‘intruder’ is doing a good turn.”

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BBC News, 9th September 2013

Source: www.bbc.co.uk

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Local authorities and fracking – Hardwicke Chambers

Posted July 31st, 2013 in competition, compulsory purchase, energy, local government, news, trespass by sally

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

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Hardwicke Chambers, 24th July 2013

Source: www.hardwicke.co.uk

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Guerilla gardening in unlawfully occupied property did not give rise to Article 8 rights – UK Human Rights Blog

Posted July 9th, 2013 in appeals, human rights, news, repossession, squatting, trespass by sally

“A common law rule that the court had no jurisdiction to extend time to a trespasser could no longer stand against the Article 8 requirement that a trespasser be given some time before being required to vacate.”

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UK Human Rights Blog, 8th July 2013

Source: www.ukhumanrightsblog.com

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McFail – NearlyLegal

“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”

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NearlyLegal, 7th July 2013

Source: www.nearlylegal.co.uk

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