Class Law spearheads fight against congestion charge

HUMAN RIGHTS ACT: firm resists erosion of highway freedom

The legal fight against London Mayor Ken Livingstone's congestion charge is gathering pace, as law firms in the City gear up for its introduction in a few weeks.

Central London firm Class Law, which has been instructed by a group of workers at Smithfield meat market, is leading the fight against the 5 charge for vehicles to enter central London, scheduled to be introduced on 17 February.

Partner Stephen Alexander said the charge was in breach of the Human Rights Act 1998 because the freedom to use highways was a human right and could only be modified if the due process of law was followed and everyone involved fully consulted.

'We have just received a bundle of documents from the mayor's office about the consultation process, and we will be examining them closely,' he said.

Philippa Bennett, an assistant at City firm DLA, represented Mayor Livingstone and the Greater London Assembly in the summer when the High Court overturned an attempt by Westminster Council and two Kennington residents to force a judicial review over the consultation.

'The judge ruled the GLA had consulted fully on the scheme, and also said the claim made by the two Kennington residents that their human rights were infringed was extremely thin,' she said.

She said most DLA employees used public transport to get into work, and so would not be unduly affected by the scheme.

An Allen & Overy spokesman, which has a car-park for partners, also doubted that its business would be unduly affected, but added: 'At present, we do not have many people in before 7am [when the charging begins] but that may well change.'

Victoria MacCallum