Cisse v France
Even peaceful assemblies can be disbanded without violation of A11 - case for preventing crime and disorder
Appleby v UK
No right to assemble on private land, must leave if protest can be held elsewhere
Plattform Artze fur das Leben v Austria
Demonstrations can offend, held without fear of violence
DPP v Jones
Can assemble on or near highways so long as it doesn’t obstruct a public place
G v Federal Republic of Germany
Assembly not in accordance with A11 if designed to cause disorder
Faber v Hungary
Must be some level of tolerance for demonstrations that shocks, annoy or distress
Young, James and Webster v UK
Right not to belong to an association
McFeeley v UK
‘Association’ is not just spending time in other people’s company
Compte, Leuven and Meyere v Belgium
Association doesn’t include professional regulatory bodies
Redfearn v UK
Political parties can be associations
Ezelin v France
Demonstrators can’t commit ‘reprehensible acts’
Zilliberg v Moldova
Freedom of assembly and A10 are the foundations of a democratic society
Laporte v CC of Gloucestershire
Actions taken must be proportionate
Larmela v Finland
For the protection of health and morals
Countryside Alliance v Attorney General
For the protection of the freedom and rights of others
Ellis v Loftus Iron Co (1874)
“If the defendant place(s) a part of his foot on the claimant’s land unlawfully, it is in law as much a trespass as if he had walked half a mile on it”
Drury v Secretary of State for Environment, Food and Rural Affairs (2004)
Trespass to land principle was used to evict travelers parked on land belonging to others
University of Essex v Djemal (1980)
Trespass to land principle was also used in respect of sit-ins
DPP v Chivers
A building is a form of land
Edward Bauer v DPP (2013)
‘Additional conduct’ can be anything, there’s no requirement for it to be a criminal activity. But it needs to be accompanied by having the intent to obstruct, disrupt or deter by intimidating
R v Howell
A breach of peace is an act which can likely or does cause harm to a person or property. It must result in an imminent breach of the peace. If the threat to the peace is not imminent then a police officer may stop you.
McClure and Moos V Com. Police of Men
Kettling is legal provided it is used as a last resort.
Kettling is when protestors/those assembling are kept in a specific area and not allowed to leave
ASLEF v UK
A union has a right to not admit a person for legit reasons, especially when the views of a member are fundamentally at odds with the union.
