The Student Room Group

Human Rights Law hellp! - what is the margin of safety?

what is the proportionality and the margin of safety of this problem under Articles 10 and 11?

EBA (buddhist association) invited famous Tibetan Lama Sogyal (senior buddhist figure) to a special Buddhist Service to be held at Ace Mill in Entwhistle which is opposite the Electro plc(tibets want to also do a demonstration as chinese ambassador has a meeting in Electro plc)

But the service was cancelled becuse the cheif constable issued a notice to EBA trustees under s14 Public Order Act 1986, imposing the following conditions on the EBA service :

1. any service and event to be held by the EBA between 19 October and 31 October 2011 should be held in an alternative location in Greater Entwhistle, at least 10 miles from Electro plc’s main gates.
2. the maximum number of demonstrators shall be 20.
3. the maximum duration of the service and demonstration shall be 2 hours.
4. the service and event should be held within a building, and not in the open-air.

In a separate letter, the Chief Constable asked EBA to advise its members that if any prospective demonstrator seeks to trespass on any part of Electro plc’s GEP would arrest them under powers not limited to, but including, powers contained in s128 Serious Organised Crime and Police Act 2005.

In light of the above, EBA reluctantly cancelled the service, whilst protesting in writing to the Chief Constable.John and Mary Eva, residents of Cornwall, who had booked non-refundable flights from Exeter Airport to Manchester Airport (and road transfers), and partly non-refundable hotel accommodation at a five-star hotel, in order to participate in the advertised service. They lost the opportunity to hear a sermon from the Lama Sogyal, plus over £1,800.

Question

Can John and Mary Eva use the Human Rights Act 1998 to challenge the decision of the Chief Constable and claim for their £1,800 losses?

What is the margin of safety?

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