Question re. injunction

I really don't think this comes under any of those situations - what would the council have had to pay for? There must be at least 2000 people on a beach on a good day, just because it's night doesn't mean it's suddenly a bad thing.

 
I really don't think this comes under any of those situations - what would the council have had to pay for? There must be at least 2000 people on a beach on a good day, just because it's night doesn't mean it's suddenly a bad thing.

The possibility of a disturbance and the likely hood of alcohol being used in large quantities - normally the beach isn't used for a large "party", so having someone trying to organise a "party" with 2000 people attending is probably going to cause a lot more noise/mess/risk to the public than normal daily use (I suspect if it had gone through the permission from the council route, they'd probably have had a few conditions in place - such as it having to end at a set time, and the presence of a lifeguard or two at all times).

Alcohol + large numbers of people + water = a very high chance of someone doing something really stupid.
 
The possibility of a disturbance and the likely hood of alcohol being used in large quantities - normally the beach isn't used for a large "party", so having someone trying to organise a "party" with 2000 people attending is probably going to cause a lot more noise/mess/risk to the public than normal daily use (I suspect if it had gone through the permission from the council route, they'd probably have had a few conditions in place - such as it having to end at a set time, and the presence of a lifeguard or two at all times).

Alcohol + large numbers of people + water = a very high chance of someone doing something really stupid.

People take alcohol to the beach all the time. The only difference between this and your average sunny day is the lack of sun.
 
Basically persons and legal persons within the UK are not bound by international law. Only the High Contracting Parties, i.e., the signatories are bound to each other. So the UK could be liable to other states who signed it, but to within the UK the UN Declaration is an irrelevance.

Now, as Raymond points out, most of the important UN rights are also in the European Convention on Human Rights. The same thing applied (although there was a court system so some stuff actually got challenged by other states and, later, individuals) until the Human Rights Act 1998 was passed to give further effect to the ECHR. Now you can rely on your human rights against acts by public authorities and the courts will try to interpret existing laws to be ECHR-compatible.

Here, Article 11 ECHR is virtually identical to your Art 20:

Article 11
Freedom of assembly and association

1Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
http://www.legislation.gov.uk/ukpga/1998/42/schedule/1

You will notice, however, that this particular right is qualified by the second paragraph. Some rights like Art. 3 - freedom from torture - are absolute. Others such as Art. 5 are conditional and may be broken in set circumstances (otherwise you could not imprison people for crimes following conviction by a competent court) and some like privacy, freedom of speech, assembly, religion etc. are highly qualified for obvious reasons, not least that freedom of expression (10) and privacy (8) directly oppose each other!

In this case, there must have been a legitimate reason (prevention of disorder), it was prescribed by law (Public Order Act) and the prevention of it must have been necessary and proportionate. The court will have taken HR into account when making the decision and there are even more stringent requirements for obtaining an injunction generally anyway.
 
Wait, are you saying that a judge who has spent some 20 years working with the law on a daily basis will probably have taken the relevant laws into account when making this decision?
 
Wait, are you saying that a judge who has spent some 20 years working with the law on a daily basis will probably have taken the relevant laws into account when making this decision?

Indeed. They usually get it right, although there is more flexibility for Human Rights and the Act only been in effect for 11 years so is quite controversial.

There is a lot written about human rights, but the laws on it are poorly understood by most for all that and I hope I might have cleared it up a bit for some.
 
Wait, are you saying that a judge who has spent some 20 years working with the law on a daily basis will probably have taken the relevant laws into account when making this decision?
It's amazing isn't it!

A judge taking the law in consideration when making a decision about a legal matter, who'da thunk it.
 
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