Freedom of Association in UK Law

Leading Cases
  • Ben King v Secretary of State for Justice
    • Queen's Bench Division (Administrative Court)
    • 18 February 2011

    When a person receives a custodial sentence he forfeits the freedom (and the right) to associate with whomever he wishes but he does not, in my view, thereby forfeit his right of association with all his fellow human beings. He does not, in other words, receive a sentence of solitary or cellular confinement. I accept that within the autonomous meaning afforded to “civil rights” by the European Court a right of association, in the sense I have described it, is a civil right.

  • R (Laporte) v Chief Constable of Gloucestershire Constabulary
    • House of Lords
    • 13 December 2006

    By contrast, a peaceful protester does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or other punishable acts committed by others in the course of a demonstration: Ziliberberg v Moldova and Ezelin v France (1991) 14 EHRR 362, 375, para 34 of the Commission's decision.

  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 October 2007

    I find it impossible to say that a person in the position of LL is for practical purposes in prison. To describe him in such a way would be an extravagant metaphor. True, his freedom of movement, communication and association is greatly restricted compared with an ordinary person. But that is not the comparison which the law requires to be made. The question is rather whether he can be compared with someone in prison and in my opinion he cannot.

  • R v Secretary of State for the Home Department, ex parte Simms
    • Court of Appeal (Civil Division)
    • 04 December 1997

    Some are so obvious that they would immediately be included in a list if anyone for one moment doubted their existence, for example, the right not to be subjected to physical or psychological assault or torture. In view of the axiomatic principle however the starting point is to assume that a civil right is preserved unless it has been expressly removed or its loss is an inevitable consequence of lawful detention in custody.

  • Issam Salah Hourani v Alistair Thomson and Others
    • Queen's Bench Division
    • 10 March 2017

    When applying these principles it is necessary to have in mind not only that the rights under Articles 10(1) and 11(1) are qualified rights but also that in this, as in many publication cases, the countervailing rights to be considered appear to include the fundamental right to respect for private and family life, under Article 8 of the Convention. The gravity of the imputations against Mr Hourani and their consequences for him mean that this right is engaged.

  • The Pharmacists' Defence Association Union v Boots Management Services Ltd (First Respondent) Secretary of State for Business Innovation and Skills (Second Respondent)
    • Court of Appeal (Civil Division)
    • 10 February 2017

    It is self-evident that any right to be recognised conferred by domestic law will have to be defined by rules which identify which unions should be recognised by which employers in respect of which workers and for what purposes.

  • R (Tabernacle) v Secretary of State for Defence
    • Court of Appeal (Civil Division)
    • 05 February 2009

    They are liable to be inconvenient and tiresome, or at least perceived as such by others who are out of sympathy with them. Sometimes they betray a kind of arrogance: an arrogance which assumes that spreading the word is always more important than the mess which, often literally, the exercise leaves behind. In that case, firm but balanced regulation may be well justified.

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Legislation
  • Human Rights Act 1998
    • UK Non-devolved
    • January 01, 1998
    ......(a) any other right or freedom conferred on him by or under any law having effect in any part of the ... the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the ......
  • The Trade Preference Scheme (Developing Countries Trading Scheme) Regulations 2023
    • UK Non-devolved
    • January 01, 2023
    ......SCH-2.16 . 16. Convention concerning Freedom of Association and Protection of the Right to Organise, No 87 (1948) 25 . ......
  • The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016
    • UK Non-devolved
    • January 01, 2016
    ......, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents;“the Leader of the House of ...7 . functions under the Freedom of Information Act 2000 (other than functions to which article 3(1) ......
  • Higher Education Governance (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ...... education institutions; and to revise provision about the academic freedom of various persons carrying out activities at higher education and certain ...,(e) 2 persons appointed by being nominated by a students' association of the institution from among the students of the institution,(f) such ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Court of Appeal mediation scheme - combined form 56A and 56B
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ......In the case of any party which is a firm, company or association, a representative (who may be that party's. solicitor) should attend who ... a settlement at any level, always accepting that each party has freedom to choose whether. to settle and if so at what level. No witnesses are ......
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