This case considered the proper interpretation of the words “public assembly” in section 14(1) of the Public Order Act 1986. This was an expedited, rolled-up hearing of an application for permission to apply for judicial review and, if permission is granted, a claim for judicial review of the decision of Superintendent Duncan McMillan to impose a condition on the “Extinction Rebellion Autumn Uprising” (XRAU) on Monday 14 October 2019. The Claimants are Politicians and activists who support XR, and include Baroness Jenny Jones, David Drew MP, Eleanor Chowns MEP, Adam Alnutt, Caroline Lucas MP, Clive Lewis MP and George Monbiot.
The High Court held that the XRAU was not a public assembly so that there was no power to impose a banning condition under section 14 of the Public Order Act 1986. The Court quashed the decision to impose the condition.
Phillippa Kaufmann QC was involved in this case.