Aureline Chambers

22 July 2026

Court of Appeal clarifies public nuisance threshold in protest-related prosecutions

James Okafor KC and Nathan Brooks secure important appellate guidance on the boundaries of public nuisance.

The Court of Appeal has handed down judgment clarifying the threshold for public nuisance in the context of protest-related prosecutions, with significant implications for charging decisions and trial directions.

James Okafor KC, leading Nathan Brooks, represented the successful appellants. The Court emphasised the need for precise particularisation and careful Convention-compatible analysis where assembly rights are engaged.

The decision will be of interest to criminal and public law practitioners advising on protest cases.