Victory in the case of Brian Haw

Wednesday 14 February 2007

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Ian Macdonald QC scored a notable victory for the right to demonstrate and display banners outside Parliament, when District Judge Purdy dismissed all charges brought against Brian Haw for breaching conditions laid down by Superintendant Terry of Charing Cross Police Station for his one man demonstration.

The District Judge upheld both of Ian's submissions (i) that there had been an unlawful derogation of power from the Commissioner of the Metropolitan Police to a Superintendant and (ii) that all the conditions which formed part of the charge were too imprecise to pass the test of legality under Articles 10(2) and 11(2) of the European Convention on Human Rights.

The battle, however, is not over yet. New conditions have been served by the Assistant Commisssioner on Mr Haw and proceedings are still ongoing in two related judicial review applications.

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