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)

The court found that there was a real prospect of success that the defendants, including unincorporated associations, had engaged in or would encourage unlawful harassment of Emerson employees, and that an injunction was necessary and proportionate to protect the claimants' rights, outweighing the defendants' ECHR rights in the circumstances.

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

Case Brief

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Parties

Emerson Developments & Others

Claimants

Avery & Others

Defendants

Procedural Posture

Application for Injunctive Relief / Interlocutory Hearing

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 should be granted against the defendants, including unincorporated associations
  3. 3 Whether the claimants have a real prospect of success at trial

Ratio Decidendi

The court found that there was a real prospect of success that the defendants, including unincorporated associations, had engaged in or would encourage unlawful harassment of Emerson employees, and that an injunction was necessary and proportionate to protect the claimants' rights, outweighing the defendants' ECHR rights in the circumstances.

Court Disposition

Injunction granted

Orders

  • An injunction is granted in the terms of the draft before the court, with an amendment to paragraph 7(e) to be discussed with counsel.
  • The order includes prohibitory terms and the imposition of exclusion zones against the defendants.