Dulgheriu & Anor v The London Borough of Ealing [2019] EWCA Civ 1490 (21 August 2019)

Dulgheriu & Anor v The London Borough of Ealing [2019] EWCA Civ 1490 (21 August 2019)

The phrase 'those in the locality' in section 59(2)(a) of the Anti-Social Behaviour, Crime and Policing Act 2014 is not limited to residents or regular visitors and can include occasional visitors such as women attending an abortion clinic. The PSPO imposed by Ealing was a justified and proportionate interference with the Article 9, 10, and 11 rights of protesters, necessary to protect the Article 8 rights of clinic users. The High Court applied the correct legal test and balancing exercise. The appeal is dismissed.

Citation
[2019] EWCA Civ 1490
Parties
Appellant/claimant: Florica Alina Dulgheriu; Appellant/claimant: Andrea Orthova; Respondent/defendant: The London Borough of Ealing; Intervener: The National Council for Civil Liberties (Liberty)
Jurisdiction
England and Wales
Judgment Date
21 August 2019
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Public Spaces Protection Orders (pspo), Freedom of Expression, Freedom of Assembly, Freedom of Religion, Right to Privacy, Proportionality, Statutory Interpretation, Anti Social Behaviour, Abortion Clinic Buffer Zones
Public Law Human Rights Law Local Government Law Criminal Law Public Spaces Protection Orders (pspo) Freedom of Expression Freedom of Assembly Freedom of Religion +5 more

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Parties

Florica Alina Dulgheriu

Appellant/claimant

Andrea Orthova

Appellant/claimant

The London Borough of Ealing

Respondent/defendant

The National Council for Civil Liberties (Liberty)

Intervener

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether a local authority can make a PSPO where the activity impacts primarily on occasional visitors rather than residents or regular visitors
  2. 2 Whether the restrictions imposed by the PSPO are compatible with Articles 9, 10, and 11 ECHR
  3. 3 Whether the PSPO was a proportionate interference with the rights of protesters under the ECHR

Ratio Decidendi

The phrase 'those in the locality' in section 59(2)(a) of the Anti-Social Behaviour, Crime and Policing Act 2014 is not limited to residents or regular visitors and can include occasional visitors such as women attending an abortion clinic. The PSPO imposed by Ealing was a justified and proportionate interference with the Article 9, 10, and 11 rights of protesters, necessary to protect the Article 8 rights of clinic users. The High Court applied the correct legal test and balancing exercise. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order of the High Court is upheld; the PSPO remains in force.