“…his submission that at every stage of the proceedings, the court had to ask itself and answer the questions formulated by the Divisional Court in DPP v Zeigler [2019] EWHC 71 (Admin); [2020] QB 253 and approved by the Supreme Court on appeal: [2021] UKSC 23, [2022] AC 408 at [16] and [58]:…”
“…fferent from the phrase “lawful excuse”, which is used in section 137 of the Highways Act 1980 and which was construed by the Divisional Court in DPP v Ziegler [2019] EWHC 71 (Admin); [2020] QB 253 as being capable in principle of embracing the exercise of Convention rights, in particular article 11, depending on the particular facts: see p…”
“…arlier, this is an important distinction. It was recently underlined by a Divisional Court (Singh LJ and Farbey J) in Director of Public Prosecutions v Ziegler [2019] EWHC 71 (Admin); [2019] 2 WLR 1451, a case – like the Kudrevičius case – involving deliberate obstruction of a highway. After quoting the statement that intentional disruption…”