A legal battle between campaign body Liberty and the government over anti-protest rules is to resume following unsuccessful negotiations to resolve the dispute away from court.
The Court of Appeal was supposed to hear in July the government’s appeal to a High Court decision quashing regulations that altered the threshold for police intervention in public processions and assemblies.
The secondary legislation was introduced by then home secretary Suella Braverman in June 2023. Liberty’s lawyers agreed to adjourn the July hearing and meet the Home Office to find a resolution.
Liberty appeared hopeful of a resolution after attorney general Richard Hermer KC declared at his swearing-in ceremony his hope that secondary legislation would not be abused. However, on Wednesday, Liberty said the Home Office has instructed lawyers to proceed with the appeal.
Liberty director Akiko Hart said the organisation was disappointed about the government’s decision ‘despite a positive discussion’.
Katy Watts, a lawyer at Liberty, said: ‘The High Court ruling sent a clear message that legislation cannot be brought in through the back door ignoring the will of parliament. This legislation was forced through without proper consultation and with parliament having voted it down just a few months earlier. For us the ruling is clear – ministers cannot disregard the rule of law to pursue their own agenda.’
Shameem Ahmad, chief executive of Public Law Project, which is supporting Liberty’s case, said the government ‘has missed a critical opportunity to rebalance the relationship between the executive and parliament, which after years of strain needs urgent attention’.
A Home Office spokesperson said: ‘The right to protest is fundamental to our democracy, and all public order legislation must balance this right. However, we disagree with the court’s ruling in this case and have appealed their decision.’
