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Updating author: Nick Chronias, DAC Beachcroft


  • The relevant areas of law applying to picketing take an overlapping and contradictory approach. In one view picketing constitutes the right to demonstrate anywhere in public. (See What is picketing?)
  • However, the common law provides that picketing may generate liability for trespass or nuisance or possibly for harassment. (See What is picketing?)
  • Pickets therefore run the risk of incurring liability for civil damages or even criminal law. (See Civil and criminal liability)
  • That said, s.220 the Trade Union and Labour Relations (Consolidation) Act 1992 legitimises "peaceful picketing" outside the picket's workplace. In reality, however, it is difficult to conduct a picket peacefully. (See What is picketing?)

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