City of London v Samede and others – WLR Daily

City of London v Samede and others: [2012] EWCA Civ 160;  [2012] WLR (D)  41

“While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail against the will of the landowner when the demonstrators were continuously and exclusively occupying public land, breaching not just the owner’s property rights and certain statutory provisions, but significantly interfering with the public and Convention rights of others, and causing other problems connected with health, nuisance and the like, especially in circumstances where the occupation had already continued for months and was likely to continue indefinitely.”

WLR Daily, 22nd February 2012