R (McClure and Moos) v Commissioner of Police of the Metropolis

The Court of Appeal has allowed the Commissioner’s appeal against the Divisional Court’s decision that a containment by police of protestors at the G20 Climate Camp in the City of London on 1 April 2009 was unlawful.
The Court of Appeal noted that the role of the Court on a judicial review of police action on the ground was to ask whether the police officer’s anticipation of an imminent breach of the peace was reasonable and if so whether the response was proportionate. On the facts, the Commissioner’s case was made out. The Divisional Court had fallen into error by purporting to decide for itself whether a breach of the peace was in fact imminent, at the relevant moment.
Monica Carss-Frisk QC and David Pievsky acted for the Commissioner.
Mike Fordham QC and Iain Steele acted for the Claimants.