The Mayor of London v Hall & Ors (Rev 1)

The Mayor of London v Hall & Ors (Rev 1)

The Mayor of London, as statutory manager, has exclusive possession and control of PSG and is entitled to possession against all defendants except the fourth and nineteenth, who are not occupiers. The defendants are trespassers, having no permission or legal right to occupy PSG. The removal and injunctions sought interfere with Article 10 and 11 rights but are lawful, necessary, and proportionate to protect the rights of others, public health, and the environment. Injunctive relief is justified as criminal sanctions are inadequate and defendants show no intention to comply with the law.

Parties
Claimant: THE MAYOR OF LONDON (on behalf of the Greater London Authority); First Defendant: Rebecca Hall; Second Defendant: Brian Haw; Third Defendant: Barbara Tucker; Fourth Defendant: Charity Sweet; Fifth Defendant: Lew Almond; Sixth Defendant: Chan Aniker; Seventh Defendant: Anna Chithrakla; Eighth Defendant: Chris Coverdale; Ninth Defendant: Joshua Dunn; Tenth Defendant: Dirk Duputall; Eleventh Defendant: Friend (also known as Robert Hobbs); Twelfth Defendant: Stuart Holmes; Thirteenth Defendant: Rodge Kinney; Fourteenth Defendant: Professor Chris Knight; Fifteenth Defendant: Peace Little; Sixteenth Defendant: Simon Moore; Seventeenth Defendant: Anita Olivacce; Eighteenth Defendant: Peter Phoenix; Nineteenth Defendant: Raga Woods; Twentieth Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
29 June 2010
Procedural Posture
Civil / Final Judgment
Outcome
Claim for possession granted against all defendants except the fourth and nineteenth; injunctions granted against all defendants except the first and nineteenth.
Legal Topics
Possession of Public Land, Trespass, Injunctions, Freedom of Expression, Freedom of Assembly, Proportionality, Public Law Defences, Statutory Interpretation
Constitutional Law Property Law Human Rights Law Administrative Law Possession of Public Land Trespass Injunctions Freedom of Expression +4 more

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Parties

THE MAYOR OF LONDON (on behalf of the Greater London Authority)

Claimant

Rebecca Hall

First Defendant

Brian Haw

Second Defendant

Barbara Tucker

Third Defendant

Charity Sweet

Fourth Defendant

Lew Almond

Fifth Defendant

Chan Aniker

Sixth Defendant

Anna Chithrakla

Seventh Defendant

Chris Coverdale

Eighth Defendant

Joshua Dunn

Ninth Defendant

Dirk Duputall

Tenth Defendant

Friend (also known as Robert Hobbs)

Eleventh Defendant

Stuart Holmes

Twelfth Defendant

Rodge Kinney

Thirteenth Defendant

Professor Chris Knight

Fourteenth Defendant

Peace Little

Fifteenth Defendant

Simon Moore

Sixteenth Defendant

Anita Olivacce

Seventeenth Defendant

Peter Phoenix

Eighteenth Defendant

Raga Woods

Nineteenth Defendant

Persons Unknown

Twentieth Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Is the Mayor entitled to an order for possession of Parliament Square Gardens (PSG)?
  2. 2 Are the defendants trespassers on PSG?
  3. 3 Do Articles 10 and 11 ECHR provide a defence to possession and injunction claims?

Ratio Decidendi

The Mayor of London, as statutory manager, has exclusive possession and control of PSG and is entitled to possession against all defendants except the fourth and nineteenth, who are not occupiers. The defendants are trespassers, having no permission or legal right to occupy PSG. The removal and injunctions sought interfere with Article 10 and 11 rights but are lawful, necessary, and proportionate to protect the rights of others, public health, and the environment. Injunctive relief is justified as criminal sanctions are inadequate and defendants show no intention to comply with the law.

Court Disposition

Claim for possession granted against all defendants except the fourth and nineteenth; injunctions granted against all defendants except the first and nineteenth.

Orders

  • Order for possession of Parliament Square Gardens against all defendants except Charity Sweet and Raga Woods.
  • Injunctions granted against all defendants except Rebecca Hall and Raga Woods, requiring removal of tents and cessation of assembly without permission.