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Important new judgment about the human right to protest in context of civil injunctions against anti-fracking activists. I acted in the case led by @Kirsty_Brimelow QC with Richard Brigden of @gcnchambers instructed by Nicola Hall of @RobertLizarLaw bailii.org/ew/cases/EWCA/…
@Kirsty_Brimelow @gcnchambers @RobertLizarLaw It's a detailed judgment with lots to chew on! Appeal against the committal itself rejected, one of the sanctions reduced, court found the judge below had made an error by not applying human rights balance to the sanctions, revisiting of the Ineos judgment on 'intention'...
Some really good and important stuff on why the courts should treat political activists more leniently - suggests an immediate custodial sentence will rarely be appropriate. Also quotes John Rawls! bailii.org/ew/cases/EWCA/…
Now unlike Lord Justice Leggatt, I have the second edition of Rawls’ Theory of Justice so the page number doesn’t match but I think this is it!
Something that won't be apparent from the judgment is that the Court of Appeal have also given the appellants permission to appeal against the costs order in the High Court - really important access to justice issue...
... as the activists are legally aided but because of an anomaly in contempt of court cases the judge said they can't benefit from the usual protection against enforcement of the costs order! That will be heard by the same Court of Appeal panel at a later date
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