Podcast Location:
Download it here [file size: 30.3 MB]
Categories:
Human Rights, Civil Liberties & Public Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast David Forsdick, who acted on behalf of the City of London Corporation in The Mayor, Commonality & Citizens of the City of London v Samede & ors, better known as the “Occupy Case” discusses the law surrounding the Court of Appeal decision and what the outcome means for the law of public protest. This podcast is aimed at public, human rights, property and planning practitioners and anyone else interested in the law that underpinned this controversial dispute and how it is responding to new forms of demonstration.

Outcomes:
After completing the course you will:
  • Be familiar with the political and international context of this case;
  • Appreciate the significance for the City of London that part of the land subject to their possession claim belonged to St.Paul’s church;
  • Understand the overall legal position and the causes of action for the parts of land belonging to St.Paul’s and the causes of action for that land which did not belong to St.Paul’s;
  • Appreciate why the city did not just go onto the highway and remove the tents;
  • Understand how the ECHR applied and the extent of the rights of freedom expression, lawful assembly and the right to worship;
  • Understand the evidence and legal analysis put forward to support the City of London’s case;
  • Know how the appellants sought to defend the case;
  • Have considered how to prepare similar cases and the implications of the ‘Occupy’ case on the law of public protest.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Market Update / Hot Topic
Practical Guide
Sources and References:
  • Mayor, Commonality and Citizens of the City of London v. Samede [2012] EWHC 34 (QB); [2012] EWCA Civ 160;
  • Mayor of London v. Hall [2011] 1 WLR 504;
  • Secretary of State for the Environment, Food and Rural Affairs [2009] UKSC 11;
  • Tabernacle v. Secretary of State for Defence [2009] EWCA Civ 23.

In this CPDcast Landmark Chambers’ David Forsdick who advised the City of London Corporation in the “Occupy St.Paul’s Case” explains the precise legal framework which underpinned the dispute and what the Court of Appeal decision has meant for the future of public protest law.

Date recorded: 19th April 2012

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