Protest damages claim fails

Two people who were detained during a May Day protest for more than seven hours without food, drink or toilet facilities today lost a High Court damages action against the police.

The case was brought by demonstrator Lois Austin and office worker Geoffrey Saxby who were among about 3,000 people who were corralled in Oxford Circus from 2pm until 9.30pm by riot police during an anti-globalisation demonstration in 2001.

Ms Austin, a receptionist, and Mr Saxby, of Hastings, both claimed damages - including aggravated and exemplary damages - for false imprisonment and a breach of their right to liberty under the European Convention.

They said that the police action caused them distress and alarm and left them feeling humiliated and intimidated.

The Metropolitan Police argued that the containment was the lawful exercise of their common law powers to deal with an actual or apprehended breach of the peace.

Both were given permission to appeal today's decision.

During the hearing of the case the court had heard how Ms Austin, 35, who was still breastfeeding, was not allowed to leave to pick up her 11-month-old daughter from a creche and had to arrange for a friend to collect the baby.

She had travelled into central London from Southwark with her partner to attend the peaceful protest.

Mr Saxby, 48, who was working for a company selling data recording equipment, claimed police ignored him when he told them he was not involved in the demonstration and was merely in the area to make a collection from a bank for his employer.

He was caught up when he got off a slow-moving bus and complied with police requests not to take certain routes as he walked to Oxford Circus on his way to a restaurant.