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Moss v McLachlan

[1985] IRLR 76

Case summary last updated at 06/02/2020 12:11 by the Oxbridge Notes in-house law team.

Judgement for the case Moss v McLachlan

Some miners were stopped by the police who reasonably and honestly believed that the miners were on their way to take part in a protest and that a breach of the peace would occur if they were allowed to continue. The miners refused to turn back and were arrested. The divisional court dismissed their appeals on the grounds that a policeman has a duty to prevent a breach of the peace which he reasonably apprehends and the circumstances in this case justified preventative action e.g. proximity to a protest. 

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