Warwick among universities that attended anti-protest coaching webinar hosted by law firm

Staff from the University of Warwick attended a webinar which coached universities on how to secure sweeping protest bans on their campuses, an investigation by Liberty Investigates and The Guardian has revealed.

Documents obtained as part of the investigation show that Warwick staff attended the webinar, which took place last October, alongside representatives from other UK universities.

The webinar was hosted by the law firm Shakespeare Martineau LLP, which has helped Cardiff University acquire a year-long legal ban on unauthorised demonstrations across the university campus.

The universities of Reading, Hertfordshire, Birkbeck, Bath Spa, Liverpool John Moores, and Falmouth are also confirmed to have attended the webinar, while staff from Exeter and Northumbria received slides from the event but did not attend.

The University [of Warwick] is not planning on implementing protest bans on campus presently. The University manages all demonstrations in line with its legal duty to protect freedom of speech

University of Warwick spokesperson

Warwick’s attendance at the anti-protest webinar has caused some students to question the future of the University’s protest policy, and the possibility of legal action against student protestors.

Currently, the University of Warwick’s Procedure for Demonstrations states that protestors must give seven days’ notice, or “as much notice as is practically possible”, of a planned demonstration.

The document also states that the occupation of University land or buildings constitutes “trespass which may result in the University seeking a possession order from the courts”, though such legal action has so far not been taken.

Speaking to The Boar, a spokesperson for the University said: “The University is not planning on implementing protest bans on campus presently. The University manages all demonstrations in line with its legal duty to protect freedom of speech. Free speech will be vigorously protected at Warwick, as long as discourse is occurring within a framework of law, respect, and safety.”

It is concerning that the University is becoming increasingly authoritarian by attempting to criminalise peaceful protest on our campus. Warwick should listen to its students rather than cracking down on dissent

James Varney, Warwick SU Vice President-Elect for Democracy and Development

However, the incoming Vice President for Democracy and Development at Warwick Students’ Union, James Varney, expressed his concerns over the University’s attendance at the webinar.

Varney told The Boar: “It is concerning that the University is becoming increasingly authoritarian by attempting to criminalise peaceful protest on our campus. Warwick should listen to its students rather than cracking down on dissent.”

Shakespeare Martineau, who hosted the webinar attended by Warwick, represented Cardiff University in legal proceedings last month that led to a 12-month High Court injunction against “persons unknown”, prohibiting unauthorised protest on 11 sites across the campus.

The call for a court order from Cardiff came in response to a pro-Palestine encampment which occupied the land outside of the university’s main building. The encampment has since been disbanded.

According to the law firm, Cardiff University’s “landmark” injunction “prevents unlawful activity before it could occur” and protects the campus from “nuisance action by protestors”.

Students must not “enter, occupy, or remain upon the Land” without consent and are prohibited from obstructing access or erecting structures on the protected sites for the purposes of protest.

A spokesperson from Shakespeare Martineau confirmed to The Guardian that the [Cardiff University] injunction only prohibited ‘unlawful encampments’. However, legal experts warn that it could cover all forms of unauthorised protest

The injunction also states that “anyone in breach of the Order will be in contempt of court and may be imprisoned, fined, or have their assets seized.”

Cardiff University’s Code of Practice on Freedom of Speech declares that students wishing to protest must fill out a form and submit it at least 21 days prior to the event. When considering the potential risks of demonstrations including “disruption” or “breach of peace”, protestors are also required to identify the possibility of “generating media interest publicity that may impact on reputation” of the university.

A spokesperson from Shakespeare Martineau confirmed to The Guardian that the injunction only prohibited “unlawful encampments”. However, legal experts warn that it could cover all forms of unauthorised protest.

Following the injunction notice, Caerdydd Students For Palestine stated on their Instagram: “This is a terrifying move that is part of the attempted global suppression of action for Palestine. Instead of simply engaging with their students and disaffiliating from genocide, Cardiff University has banned every form of protest in a drastic clampdown on free speech.”

Though the documents obtained by Liberty Investigates reveal that Shakespeare Martineau did promote this type of legal action at the webinar, spokespeople from some of the universities stated that their attendance did not necessarily mean that they agreed with the measures or planned to implement them.

However, as reported by The Guardian, webinar slides show that the law firm suggested that these “newcomer injunctions”, which can be used “against persons unknown”, could be “the future” for UK universities.

The [OfS] guidance […] outlines ‘practicable steps’ to ‘secure lawful speech’, including ‘not punishing students or staff for lawful expression of a viewpoint, including expression that is critical of the institution’

The issuing of Cardiff University’s injunction came just days before the Office for Students (OfS) published guidance urging universities not to implement blanket bans on student protests.

The guidance, which will come into effect on 1 August with the enforcement of the Higher Education (Freedom of Speech) Act 2023, outlines “practicable steps” to “secure lawful speech”, including “not punishing students or staff for lawful expression of a viewpoint, including expression that is critical of the institution”.

One hypothetical scenario outlined in the guidance is the holding of a pro-Palestine encampment on a university lawn which would prevent a graduation ceremony taking place. In this instance, the document urges the university to consider “requiring the occupiers to vacate this particular lawn […] without restricting peaceful and non-disruptive activity on other, unused spaces nearby”.

The guidance recommends this as an alternative to prohibiting all pro-Palestine protests across the campus over an extended period, as this would be more likely to breach a university’s duty to secure lawful speech.

However, some critics of the guidance have argued that the advice does not go far enough. The New Arab reported that some students felt underwhelmed by the OfS guidance, suggesting that the recommendations do not sufficiently bolster free speech or protect the right to protest on university campuses.

One student activist, Dan, expressed concerns with how the OfS frames free speech, fearing that: “This kind of guidance could use free speech to justify repression of students protesting against people who advocate for racist policies.”

[The Cardiff injunction] reflects a growing pattern of institutional repression targeting students and staff who speak out against the UK’s facilitation of Israel’s war crimes

European Legal Support Centre

Arif Ahmed, Director for Freedom of Speech and Academic Freedom at the OfS, released a statement on the new guidance, stating that “students need to know that they can freely share lawful views and opinions”, but they must remember that “universities can regulate speech where appropriate”.

While Warwick has said that they do not plan to implement protest bans at present, it remains unknown as to how universities will respond to the guidance and how it will affect pre-existing protest bans.

The European Legal Support Centre, which intervened in Cardiff University’s High Court proceedings, stated that the injunction “reflects a growing pattern of institutional repression targeting students and staff who speak out against the UK’s facilitation of Israel’s war crimes.”

Cardiff University’s injunction will last until the end of July 2026, when it is due to be reviewed.