Liberty v Secretary of State for the Home Department

The Court of Appeal handed down judgment on 2 May 2025, dismissing an appeal to the Divisional Court’s finding that The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (the “Regulations”) are unlawful by reason of being ultra vires, but refusing to uphold the Divisional Court’s finding that the Secretary of State’s engagement with public bodies amounted to a formal consultation exercise subject to common law principles of procedural fairness.

Hollie Higgins represented Liberty.

Sir James Eadie KC and Tom Leary represented the Secretary of State for the Home Department.

Tom de la Mare KC and Tom Cleaver represented the Public Law Project as First Intervener.

The full judgment may be found here.