Supreme Court Allows Appeal of Six Protestors and Clarifies Law on Public Nuisance

Benjamin Newton KC and Laura Stockdale, together with Maria Liddiard (1 Pump Court), instructed by Raj Chada at Hodge Jones and Allen, represented six peaceful protestors who had been held to have no case to answer at the Crown Court in relation to an allegation of public nuisance. That terminating ruling was overturned by the Court of Appeal, who certified a question of general public importance for the consideration of the Supreme Court. In answering the certified question the Supreme Court held that the public at large do not have a right to be on private premises, they therefore do not have a right to enter or leave, and are also not exercising such a right when approaching the premises if the land over which they are passing is a private road and not a highway. The Supreme Court consequently affirmed the Crown Court judge’s original decision, leading to the acquittal of the six Appellants.