Gallastegui, R (on the application of) v Westminster City Council & Ors

Gallastegui, R (on the application of) v Westminster City Council & Ors

Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 are compatible with Articles 6, 10, 11 and Article 1 of Protocol No 1 of the European Convention on Human Rights; the statutory scheme is prescribed by law, pursues legitimate aims, is proportionate, does not impose a blanket ban, and...

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Parties
Appellant: Gallastegui; Respondent: Westminster City Council & Ors; First Interested Party: Commissioner of Police for the Metropolis; Second Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 January 2013
Procedural Posture
Judicial Review / Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Freedom of Expression, Freedom of Assembly, Proportionality, Prescribed by Law, Positive Obligations, Access to Courts
Constitutional Law Human Rights Law Administrative Law Freedom of Expression Freedom of Assembly Proportionality Prescribed by Law Positive Obligations +1 more

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Parties

Gallastegui

Appellant

Westminster City Council & Ors

Respondent

Commissioner of Police for the Metropolis

First Interested Party

Secretary of State for the Home Department

Second Interested Party

Procedural Posture

Judicial Review / Appeal From High Court

Legal Issues

  1. 1 Compatibility of sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 with Articles 6, 10, 11 and Article 1 of Protocol No 1 of the European Convention on Human Rights
  2. 2 Whether the statutory scheme imposes a blanket ban on protests with tents
  3. 3 Whether the statutory interference is prescribed by law, pursues a legitimate aim, and is proportionate

Ratio Decidendi

Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 are compatible with Articles 6, 10, 11 and Article 1 of Protocol No 1 of the European Convention on Human Rights; the statutory scheme is prescribed by law, pursues legitimate aims, is proportionate, does not impose a blanket ban, and provides effective access to courts.

Court Disposition

Appeal dismissed

Orders

  • No declaration of incompatibility granted
  • Statutory scheme upheld