Published: 2nd May 2025 The Court of Appeal has ruled that the former Home Secretary Suella Braverman acted unlawfully when she used statutory instruments to make regulations that significantly restricted the right to public protest. Liberty won the initial judicial review against the Home Office in May 2024, in which Public Law Project (PLP) acted as an intervener. PLP also intervened in the Government’s subsequent appeal in December 2024. Now the Court of Appeal has agreed that the Public Order Act’s wording of “serious public disorder, serious damage to property or serious disruption to the life of the community” is intended to set the threshold for police intervention at a relatively high level. That means that the meaning of the word “serious” here could not be reasonably changed to “more than minor” by the Home Secretary. The court also agreed with concerns about how Henry VIII powers had been used, as well as the argument that Parliament did not intend to give the Secretary of State these powers. Shameem Ahmad, CEO of Public Law Project, said: “Public Law Project supported Liberty in the High Court and the Court of Appeal because this is a critical juncture for the UK’s democracy. “The former Home Secretary used statutory instruments to significantly restrict protest rights without scrutiny, despite these amendments being previously voted down by Parliament. The High Court agreed with us that this was an excessive and unlawful use of executive power. “When the current Government decided to appeal that decision, they missed a valuable opportunity to defend civil liberties, restore proper balance between the executive power and Parliament and commit to making laws the right way. “The Court of Appeal has now agreed with Liberty and PLP. “PLP believes the public deserves better than backdoor law-making that allows their fundamental rights to be diminished by ministerial decree. The public deserves assurance that legislation impacting their daily lives has undergone Parliamentary debate and thorough scrutiny. “We trust that this decisive victory for the rule of law and Parliamentary sovereignty will serve as a watershed moment for the Government. These restrictive protest laws should now be permanently abandoned and Henry VIII powers relegated to the annals of history where they belong.” PLP is grateful for pro bono representation from Herbert Smith Freehills, Tom de la Mare KC and Tom Cleaver of Blackstone Chambers, and Bijan Hoshi of Garden Court Chambers.