Westminster City Council v Haw [2002] EWHC 2073 (QB) (04 October 2002)

Westminster City Council v Haw [2002] EWHC 2073 (QB) (04 October 2002)

The obstruction caused by the defendant's protest is not unreasonable in all the circumstances, given the minimal impact on pedestrian passage, the political nature of the expression, the absence of violence or disorder, and the requirement to pay particular regard to freedom of expression under section 12.4 of the Human Rights Act. Accordingly, the Council is not entitled to the injunction sought.

Citation
[2002] EWHC 2073 (QB)
Parties
Claimant: Westminster City Council; Defendant: Brian Haw
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Application for Final Injunction / Final Hearing
Outcome
Application for final injunction refused
Legal Topics
Obstruction of Highway, Freedom of Expression, Reasonableness of Use, Injunctions
Administrative Law Human Rights Law Highways Law Obstruction of Highway Freedom of Expression Reasonableness of Use Injunctions

Case Brief

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Parties

Westminster City Council

Claimant

Brian Haw

Defendant

Procedural Posture

Application for Final Injunction / Final Hearing

Legal Issues

  1. 1 Whether the defendant's protest constitutes an unreasonable obstruction of the highway under section 137 of the Highways Act 1980
  2. 2 Whether the defendant's activities are protected by Articles 10 and 11 of the European Convention on Human Rights
  3. 3 Whether the Council is entitled to a final injunction restraining the defendant's protest

Ratio Decidendi

The obstruction caused by the defendant's protest is not unreasonable in all the circumstances, given the minimal impact on pedestrian passage, the political nature of the expression, the absence of violence or disorder, and the requirement to pay particular regard to freedom of expression under section 12.4 of the Human Rights Act. Accordingly, the Council is not entitled to the injunction sought.

Court Disposition

Application for final injunction refused