The Constitutional Issues Raised by City of London versus Samede [2012] EWHC 34 (QB) - Essay Example

The counsels for the claimant were David Forsdick and Zoe Leventhal (instructed by Andrew Colvin, the Comptroller and City Solicitor, City of London Corporation) while John Cooper QC and Michael Paget (instructed by Kaim Todner) were Samede’s counsels (Practical Law Publishing Limited, P. 1). The City of London Corporation made claims before the Royal Court that the said protestors had possessed and turned into a protest camp, the highway and the Churchyard at the St. Paul Cathedral. In the claim, the City of London Corporation also sought an injunction ordering that the tents and other structures erected at the said site by the protestors be removed (DeLaney, P. 7). The City of London thus claimed authority of the campsite and the surrounding land, citing various Acts of Parliament such as the Town and Country Planning Act 1990, the Local Government Act 1972 and the Local Government Act 2000.

There are numerous constitutional issues touching on the defendants and the claimant that arose in the Samede versus City of London Corporation (2012), some of which this paper explores. The Constitutional Issues in the Case The scope of the claim placed by the City of London Corporation covered two types of land: the highway and the open land under St. Paul’s Cathedral’s ownership. . Among the constitutional issues that were immediately identified in the case was whether the City of London Corporation had established beyond reasonable doubt that it was entitled to possess the land under question (DeLaney, P. 5). In this regard therefore, upon considering any chances of interfering with the rights of the protestors (defendants), the Court would not err in granting the City of London the possession of the highway land.

That is, the court had to ensure that granting the City of London possession of the land would not only be lawful but also necessary and proportionate (Practical Law Publishing Limited, P. 23). Central in the City of London versus Samede and others (2012) were the various relevant statutory laws and powers that govern possession and injunctive relief. First, these statutory powers mandate local highway authorities to ensure the protection of the rights of the public to use and enjoy the highway and all the services it offers.

According to section 130(5) of the 1980 Act, and under section 222 of the 1972 Act, such an authority may institute any legal proceedings against an individual or groups that interfere with the public’s rights and freedom to enjoy and use such a facility. Human Rights Issues Human rights issues also featured prominently in the City of London versus Samede and others case. Among these human rights issues are rights and freedom of religion, thought and conscience, as provided for in Article 9 of the European Convention on Human Rights (Folsom, P. 67). In other words, every citizen or community has the right and the freedom to change religion and practise it in public or in private, alone or with others.

In addition, there is freedom and right to manifest one’s religion through means such