The Court of Appeal has today handed down its decision in Liberty v Secretary of State for the Home Department [2025] EWCA Civ 571, dismissing the Secretary of State’s appeal.
The appeal concerned sections 12 and 14 of the Public Order Act 1986, which empower the police to impose conditions upon processions and assemblies where an officer believes the procession or assembly may result in “serious disruption to the life of the community”. By making the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023, the Secretary of State sought to define “serious disruption to the life of the community” as a hindrance that is “more than minor”.
The Court of Appeal upheld the Divisional Court’s finding that the Secretary of State acted unlawfully in making the Regulations because they were ultra vires the ‘Henry VIII’ powers pursuant to which they were purportedly made. The Court of Appeal found that the expression “serious” inherently connotes a high threshold, such that “serious” cannot reasonably encompass anything that is merely “more than minor”.
Rosalind Comyn acted for Liberty, led by Jude Bunting KC of Doughty Street Chambers and Hollie Higgins of Blackstone Chambers.
Sarah Hannett KC and Eleanor Mitchell acted for the Speaker of the House of Commons and the Clerk of the Parliaments, who intervened in the case.
The judgment can be found here.