Haw loses latest stage of eviction fight

Mr Haw, who began his marathon protest outside Parliament in 2001, is currently undergoing treatment for lung cancer in Germany.

He was unable to attend today's hearing but his co-protester Barbara Tucker immediately pledged to appeal against the decision handed down by Justice Wyn Williams.

Last July, demonstrators in the separate protest camp known as Democracy Village were evicted from Parliament Square Gardens after the Court of Appeal backed possession orders granted to the mayor by Mr Justice Griffith Williams.

But the court remitted the question of whether it was reasonable and proportionate to enforce the orders against Mr Haw and Ms Tucker.

Their longstanding presence on the pavement of Parliament Square was only challenged in regard to its encroachment onto a small adjoining part of the gardens where Mr Haw had pitched a tent.

But granting an order for possession and an injunction against Mr Haw and Ms Tucker, Justice Wyn Williams said: "As is apparent from this judgement, I have concluded that the claimant has adduced substantial evidence which justifies the conclusion that the making of orders in this case is proportionate."

The pair's protest interfered with the right of others, justifying the decision, the judge said.

The court had previously heard that Mr Haw's protest was within the scope of articles 10 and 11 of the Human Rights Act.

The former deals with the right to freedom of expression while the latter asserts the right to freedom of peaceful assembly and free association.

The mayor's spokesperson welcomed the ruling, saying: "The Court of Appeal had previously made a special case for Brian Haw and Barbara Tucker that they could continue to sleep on the grass area controlled by the GLA (Greater London Authority) on a temporary basis while their case was referred back to the High Court for conclusion in this matter.

"The High Court has now concluded that neither party should be allowed to continue to sleep on the GLA-controlled grass. The perimeter fences will be adjusted accordingly."

The ruling will not come into force pending any application to appeal, which must be lodged by 4pm on March 28.

paddym@peoples-press.com