In R v McCafferty and Others [2026] UKSC 20, Maria Liddiard was instructed for the Appellants alongside Laura Stockdale and led by Benjamin Newton KC, both of Doughty Street Chambers. They were instructed by Raj Chada of Hodge Jones and Allen.
Today, the Supreme Court handed down its decision, upholding the trial judge’s decision and ordering the acquittal of the defendants.
In April 2025, Maria and Laura were instructed at trial in Worcester Crown Court for a group of protestors who had obstructed access to private business premises by locking on to an access gate at the threshold of the site, at the end of a private road to which the public had a general right of way. They were charged with Public Nuisance under the second limb of section 78 PCSCA 2022, i.e. that the protestors had obstructed a right held by the public at large.
Maria and Laura successfully argued at half-time that there was no case to answer, as no right “held by the public at large” had been obstructed. The Crown appealed.
After an expedited hearing in the Court of Appeal, which resulted in the decision of the trial judge being overturned, the jury was discharged and the trial adjourned on application by the defence whilst permission was sought to appeal to the Supreme Court.
It was argued that the Court of Appeal’s interpretation of section 78 extended the offence so broadly that it was rendered unclear and uncertain. The ramifications on peaceful protest were substantial. Clarity as to what constitutes a Public Nuisance is essential for those seeking to lawfully exercise their democratic right to protest.
As a result of today’s ruling, which overturns the ruling of the Court of Appeal, the meaning of a “public right” within the context of Section 78, and therefore what constitutes a criminal public nuisance, has been significantly narrowed.