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BINDMAN & PARTNERS

PRESS RELEASE

29 July, 2005

For immediate release

Parliament Square protester wins High Court challenge

Brian Haw who has been protesting at Parliament square for four years against the
Government's policy over Iraq, today won the right to continue his protest. The High court decided that he fell outside the new system under which demonstrations in Parliament square and surrounding areas would have to be authorised by the police. The court accepted Brian's argument that because section 132 of the Serious Organised Crime and Police Act 2005 only criminalises unauthorised demonstrations which start on or after 1st August, it did not apply to his protest.

Brian Haw said:

'I am delighted that the judges have said I can continue my protest unhindered. Everyday thousands of people including children are suffering and dying as a direct result of government policy in Iraq and elsewhere. I am clearly an embarrassment to a
government, who are an embarrassment to me and all decent people. I have more
reason than ever to continue my protest until things are right for us all'.

His solicitor, David Thomas of Bindman & Partners said:

'We are very pleased that the majority court underlined the principle that laws that create criminal offences have to be expressed very clearly so that citizens know what they can and cannot do. The right to protest is of fundamental importance in a democracy'.

For further information, please contact:

David Thomas of Bindman and Partners Solicitors: 020 7833 4433

Note to Editor

1. The provisions in question are sections 132-138 Serious Organised Crime and Police Act 2005. On 1 July 2005, the Home Secretary brought in the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005, defining the area in which people organising or taking part in demonstrations must get permission. A map showing the area is on the Home Office website. It includes Parliament Square and Whitehall but for the moment excludes Trafalgar Square.

2. The High Court ordered an urgent hearing because Brian needed to know whether he should apply for authorisation for his demonstration before 1 August 2005.

3. In 2002, Brian (again represented by Bindman & Partners) successfully fought off an attempt by Westminster City Council to evict him. Westminster argued that he was obstructing the highway but Mr Justice Gray ruled that his rights to freedom of speech and assembly under Articles 10 and 11 of the European Convention on Human Rights prevailed. It is these rights which will be relied on in any future human rights challenges.