Protest, including civil disobedience, has a long history in the UK and is a fundamental part of a democratic society.

The last decade has seen increasing attacks on protest rights, with successive governments legislating to increase the powers of the state and restrict the right to protest.

The Human Rights Act gives effect in domestic law to the European Convention on Human Rights (‘ECHR’) which protects freedom of expression (Article 10) and freedom of assembly and association (Article 11). Generally-speaking, the police must take Articles 10 and 11 ECHR into account in the policing of protests and act in a way that is proportionate.

How can we help

Our Actions Against the Police team has many years’ experience of advising campaigners ahead of planned protests on how to navigate increasingly complex and restrictive laws; and of bringing claims where policing of protests has been unlawful. This is an evolving and highly specialised area of law, which means having expert legal representation is essential to give your claim the best chance of success.

Who can claim

If you think you have been treated unfairly by the police at a protest, or your protest rights have been unlawfully interfered with, we’re here to help you bring a legal challenge and/or seek compensation.

If you want to challenge the lawfulness of a particular decision taken by the police in relation to a protest, then you may be able to do this by way of a claim for judicial review, where you ask the court to decide if the police have acted lawfully or not. Judicial reviews claims must be started at court ‘promptly’ and in any event within 3 months of the date on which the grounds for bringing the claim first arose.

Civil claims for compensation and acknowledgment of a breach of the Human Rights Act (including breaches of Articles 10 and 11 ECHR) must usually be started at court within 1 year of the breach.

Other types of civil claims, such as assault and battery, false imprisonment and malicious prosecution may also apply. If you were caused personal injury (including psychiatric injury) then these types of claims must usually be started at court no later than 3 years after the date of the injury. If you did not suffer any personal injury, then they must usually be started at court no later than 6 years after the conduct complaint of.

Depending on your case and what you want to achieve, we can also advise you on the benefits of pursuing a police complaint aimed at holding individual officers to account.

Funding your claim

If you are on a low income or receive a means-tested benefit, you may qualify for legal aid to cover the cost of your claim. If not, we may be able to offer a Conditional Fee Agreement (commonly known as a no-win, no-fee arrangement) or other flexible funding options.

Get expert advice

If you think you may have a claim against the police relating to your protest rights, we’re here to help. Please complete our new enquiries form and a specialist solicitor will review your case. We aim to respond within two working days.