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Justices will examine whether blocking a private access road amounts to public nuisance
The UK Supreme Court is set to deliver judgment in R v McCafferty and others, a case that could clarify the scope of the criminal offence of public nuisance in protest-related cases.
The appeal centres on a single legal question: whether obstructing access to and exit from a private site by blocking a private road leading to that site constitutes an interference with “rights that may be exercised or enjoyed by the public at large” for the statutory offence of public nuisance.
The case remains listed as “Judgment scheduled” on the Supreme Court’s website, with judgment due to be delivered on 14 July 2026. Further details, including the Court’s reasoning and final decision, will become available once the judgment has been handed down.
The appeal has been brought by McCafferty and others, who are the appellants in the Supreme Court proceedings. The respondent is identified as R.
At the heart of the appeal is the interpretation of the public nuisance offence under criminal law. The Supreme Court must determine whether blocking a private road that provides access to a private site can amount to interference with rights exercised by the public at large, a requirement of the statutory offence.
The Court’s decision is expected to provide guidance on how the offence applies where protests involve obstruction of private access routes rather than public highways. The judgment will focus on the legal interpretation of the offence rather than broader policy issues surrounding protest activity.
As the judgment has not yet been issued, the Supreme Court has not indicated how it will resolve the appeal. The forthcoming ruling will determine whether the conduct in question satisfies the statutory requirements for public nuisance and will clarify the legal principles governing similar cases in the future.
The case remains listed as “Judgment scheduled” on the Supreme Court’s website. Further details, including the Court’s reasoning and final decision, will become available once the judgment is formally handed down.