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̽»¨Ö±²¥Order:ÌýÌýÌýÌý

kings_bench_associates_order.pdf

kings_bench_associates_order.pdf (1.71 MB)

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̽»¨Ö±²¥Judgement:Ìý Ìý

judgment.pdf

judgment.pdf (342.32 KB)

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̽»¨Ö±²¥ ̽»¨Ö±²¥ of Cambridge took this action to protect the right of students to graduate and to prevent unauthorised access to buildings that contain sensitive, confidential information. This was never about preventing lawful protest. ̽»¨Ö±²¥injunction safeguards a very small part of the ̽»¨Ö±²¥ estate from occupations that would prevent graduations from going ahead. It also protects the right for our staff to work. Protests occur regularly at the ̽»¨Ö±²¥, including a rally held immediately outside Great St Mary’s church during the graduation ceremony on 1 March while an injunction covering the Senate House, a few yards away, was in place.

̽»¨Ö±²¥Judge, Mr Justice Soole, in his judgment, outlines the balance of the different interests struck by the injunction order:

90. I am also satisfied that the proposed injunction does provide a fair balance between the rights of all parties. ̽»¨Ö±²¥protesters and the campaign are left with ample opportunities and ability to protest their cause in Cambridge; and the ̽»¨Ö±²¥ is enabled to carry on its administrative and ceremonial work in these core buildings and spaces. ̽»¨Ö±²¥fairness of the resulting balance was in my judgment well demonstrated by the events on the graduation day of 1 March, following the Order of Fordham J.

TheÌý ̽»¨Ö±²¥â€™sÌýdecision to bring the proceedingsÌýwasÌýbased entirely on an assessment of the direct action threatened on the ̽»¨Ö±²¥ and had nothing whatsoever to do with the particular race, religion, beliefs or cause of those responsible for previous occupations.Ìý

̽»¨Ö±²¥Judge pointed out that the ̽»¨Ö±²¥ had carried out aÌýcareful, fair and measured analysis and had full and proper regard to its various duties under statute and the European Convention on Human Rights (ECHR).

̽»¨Ö±²¥Judge was also content that students and others could express their opinions and beliefs elsewhere in Cambridge and its city centre:

92….Ìý As to vigils and the like, there are ample other places for these to be carried out. I do not accept that in this or any respect the proposed injunction has the chilling effect which is alleged. Nor do I consider that the simple wearing of supportive and/or emblematic badges or clothing would put anyone at risk of breach of the proposed injunction.

̽»¨Ö±²¥following reassurances can be given to the students (or other attendees) with regards to the effect of the injunction:

• ̽»¨Ö±²¥ ̽»¨Ö±²¥ is fully committed to freedom of speech and the right to protest within the law.
• ̽»¨Ö±²¥injunction is limited to two small sites: (i) Greenwich House (ii) ̽»¨Ö±²¥Old Schools, Senate House, and Senate House Yard. ̽»¨Ö±²¥injunction does not extend to the ̽»¨Ö±²¥â€™s wider estate or College land.
• ̽»¨Ö±²¥injunction does not prevent students or others discussing protest or protest- related events.
• ̽»¨Ö±²¥injunction does not prohibit people from entering or remaining at Greenwich House, Senate House or the Yard if they have been given the ̽»¨Ö±²¥â€™s permission to be there. For example, during graduations.
• ̽»¨Ö±²¥orderÌýmakes no restriction on usingÌýor displayingÌýlegalÌýslogans or symbols anywhereÌýon ̽»¨Ö±²¥Ìýproperty. For example, wearing a pin badge which bears a slogan or symbol, or displaying a flag or sign.
• Aside from the injunction, graduands are required to continue to adhere to the and to observe the .
• An individual with permission to be at the sites covered by the injunction may be asked to leave the property by a Proctor or other officer or staff member of the ̽»¨Ö±²¥ if they act in breach of the rules on academical dress, the Rules of Behaviour or the .
• If someone who has been given permission to be at the sites covered by the injunction refuses to leave when asked, it is possible that their actions may breach the injunction. However, this is not an automatic consequence. This will depend on the precise acts of the individual and whether the acts are prohibited under the injunction.
• If a person breaches the terms of the injunction, it will be for the ̽»¨Ö±²¥ to decide whether to ask the Court for permission to bring proceedings against an individual. To breach the injunction would be a civil offence rather than a criminal offence.
• ̽»¨Ö±²¥injunction does not prohibit any student from making a request to hold an event or meeting on ̽»¨Ö±²¥ property in accordance with the Code of Practice on Freedom of Speech and the room bookings procedure.