Divisional Court Cases
| DOI | 10.1177/002201836603000304 |
| Date | 01 July 1966 |
| Published date | 01 July 1966 |
| Subject Matter | Article |
Divisional Court Cases
PEACEFUL
PICKETING
OR OBSTRUCTION
Tynan v. Balmer
THIS (1966 2
All
E.R. 133) was an appeal from the decision
of}udge Chapman sittingasrecorderofLiverpool(reported
in 30 J.C.L. 18) dismissing an appeal by the defendant against
his conviction by Liverpool justices on a charge of obstructing
a police constable in the execution of his duty contrary to
s. 51 (3) of
the
Police Act 1964.
The
material facts appearing from
the
case stated were
that
the
draftsmen at
the
Liverpool factory of the English
Electric Company were engaged in an officially recognised
strike.
There
were about 300 men on strike out of a labour
force of
8,000
to
9,000
persons.
The
defendant was the chair-
man of the strike committee. On the 23 November 1964 at
shortly before noon the defendant led about 40 strike pickets in
acircular movement across a service road leading to the main
entrance to
the
factory and which was part of the public
highway. At
the
time when this circling was taking place the
factory workers not on strike were within the factory. A police
constable requested the defendant to stop the circling move-
ment stating that in his opinion it constituted an obstruction of
the highway.
The
defendant replied:
"No,
I am challenging
your authority
...
we want to make a test case of it". As the
circling movement continued, the police constable arrested the
defendant against whom a charge was preferred of obstructing
the police constable in
the
execution of his duty.
The
learned
recorder found as a fact that the police officer had been so
obstructed.
The
appeal was heard on the 8 February 1966 by a
Divisional Court consisting of Lord Parker C.}., Sachs and
Widgery Jl.
On the hearing of this appeal counsel for the defendant
contended that an obstruction of the highway which might
constitute apublic nuisance at common law was rendered
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