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Mr Justice Holgate heard an application for interim relief on Friday 12 March 2021 concerning the planned vigil on Clapham Common in memory of Sarah Everard. The vigil was also intended as a protest against violence and intimidation directed against women.

The claimants, who were seeking to organise a vigil on Clapham Common in cooperation with the Council and police, sought interim declarations to the effect that the Tier 4 regulations did not prohibit peaceful protest where this represented a justified exercise of Article 10 and 11 rights under the Human Rights Act 1998 and that the police had prima facie unlawfully applied a blanket policy against all protests.

Mr Justice Holgate gave a judgment in which he agreed with the premise of the claimants’ claim and he held that the Tier 4 regulations had to be read subject to Article 10 and 11 of the 1998 Act. Whilst he declined to make interim declarations, he made it clear that the police needed to consider Article 10 and 11 rights. Further information can be found here.

Tom Hickman QC appeared for the Claimants instructed by Bindmans LLP.