Emerson Developments & Ors v Avery & Ors [2004] EWHC 194 (QB) (26 January 2004)

Emerson Developments & Ors v Avery & Ors [2004] EWHC 194 (QB) (26 January 2004)

There is a real prospect of success that the defendants, including unincorporated associations, have engaged in or will incite unlawful harassment against the claimants, and the balance of convenience and proportionality favours granting an injunction to protect the claimants' rights over the defendants' ECHR rights.

Citation
[2004] EWHC 194
Parties
Claimants: Emerson Developments & Others; Defendants: Avery & Others
Jurisdiction
England and Wales
Judgment Date
26 January 2004
Procedural Posture
Application for Injunctive Relief / Interlocutory (application for Interim Injunction)
Outcome
Injunction granted
Legal Topics
Harassment, Injunctions, Freedom of Expression, Representative Actions
Civil Procedure Tort Law Human Rights Harassment Injunctions Freedom of Expression Representative Actions

Case Brief

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Parties

Emerson Developments & Others

Claimants

Avery & Others

Defendants

Procedural Posture

Application for Injunctive Relief / Interlocutory (application for Interim Injunction)

Legal Issues

  1. 1 Whether the defendants have unlawfully harassed the claimants or threatened future harassment under the Protection from Harassment Act 1997
  2. 2 Whether an injunction can be granted against unincorporated associations
  3. 3 Whether the court should exercise its discretion to grant an injunction in light of competing ECHR rights

Ratio Decidendi

There is a real prospect of success that the defendants, including unincorporated associations, have engaged in or will incite unlawful harassment against the claimants, and the balance of convenience and proportionality favours granting an injunction to protect the claimants' rights over the defendants' ECHR rights.

Court Disposition

Injunction granted

Orders

  • Injunction granted in the terms of the draft before the court, with an amendment to paragraph 7(e) to be discussed with counsel.