Cuadrilla Bowland Ltd & Ors v Lawrie & Ors [2020] EWCA Civ 9 (23 January 2020)

Cuadrilla Bowland Ltd & Ors v Lawrie & Ors [2020] EWCA Civ 9 (23 January 2020)

References to intention in the terms of the injunction did not render it insufficiently clear or uncertain; intention is an ordinary concept and does not require legal training to understand. The sanctions imposed were not inappropriate or disproportionate given the deliberate nature of the breaches and the need to deter future breaches, even in the context of protest. The appeal was dismissed.

Citation
[2020] EWCA Civ 9
Parties
Claimants/respondents: Cuadrilla Bowland Limited & Ors; Defendants: Persons Unknown Entering or Remaining Without the Consent of the Claimant(s) on Land at Little Plumpton; Defendants: Persons Unknown Interfering with the Passage by the Claimants and Their Agents, Servants, Contractors, Sub-Contractors, Group Companies, Licensees, Invitees or Employees with or without Vehicles, Materials and Equipment to, From, Over and Across the Public Highway Known as Preston New Road; Defendants: Persons Unknown Committing the Acts Specified at Paragraph 7 of the Order; Appellant/respondent to Committal Applications: Katrina Lawrie; Appellant/respondent to Committal Applications: Lee Walsh; Appellant/respondent to Committal Applications: Christopher Wilson
Jurisdiction
England and Wales
Judgment Date
23 January 2020
Procedural Posture
Civil Appeal / Appeal From High Court Committal Order
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Injunctions, Freedom of Expression, Freedom of Assembly, Protest Law, Trespass, Nuisance, Conspiracy to Injure
Civil Procedure Human Rights Tort Law Contempt of Court Injunctions Freedom of Expression Freedom of Assembly Protest Law +3 more

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Parties

Cuadrilla Bowland Limited & Ors

Claimants/respondents

Persons Unknown Entering or Remaining Without the Consent of the Claimant(s) on Land at Little Plumpton

Defendants

Persons Unknown Interfering with the Passage by the Claimants and Their Agents, Servants, Contractors, Sub-Contractors, Group Companies, Licensees, Invitees or Employees with or without Vehicles, Materials and Equipment to, From, Over and Across the Public Highway Known as Preston New Road

Defendants

Persons Unknown Committing the Acts Specified at Paragraph 7 of the Order

Defendants

Katrina Lawrie

Appellant/respondent to Committal Applications

Lee Walsh

Appellant/respondent to Committal Applications

Christopher Wilson

Appellant/respondent to Committal Applications

Procedural Posture

Civil Appeal / Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether the terms of the injunction were sufficiently clear and certain to be enforceable by committal, given references to intention.
  2. 2 Whether the sanctions imposed (suspended imprisonment) were appropriate and proportionate in the circumstances.

Ratio Decidendi

References to intention in the terms of the injunction did not render it insufficiently clear or uncertain; intention is an ordinary concept and does not require legal training to understand. The sanctions imposed were not inappropriate or disproportionate given the deliberate nature of the breaches and the need to deter future breaches, even in the context of protest. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The committal orders (suspended terms of imprisonment) are upheld.
  • No variation to the injunction is required as paragraphs 4 and 7 were removed following the Government's moratorium on fracking.