Emerson Developments & Ors v Avery & Ors

Emerson Developments & Ors v Avery & Ors

The evidence established a real prospect of success that the defendants, including unincorporated associations, would incite or encourage unlawful harassment of the claimants' employees unless restrained. The balance of competing interests, including ECHR rights, decisively favoured granting a prohibitory injunction in the terms sought, which was proportionate and necessary for protection.

Parties
Claimants: Emerson Developments & Others; Defendants: Avery & Others
Jurisdiction
England and Wales
Judgment Date
26 January 2004
Procedural Posture
Civil Application / Application for Interim Injunction
Outcome
Injunction granted
Legal Topics
Harassment, Injunctions, Freedom of Expression, Representative Proceedings
Civil Procedure Tort Law Human Rights Harassment Injunctions Freedom of Expression Representative Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Emerson Developments & Others

Claimants

Avery & Others

Defendants

Procedural Posture

Civil Application / Application for Interim Injunction

Legal Issues

  1. 1 Whether the defendants have unlawfully harassed or threatened to harass the claimants' employees under the Protection Against Harassment Act 1997
  2. 2 Whether an injunction should be granted against the defendants, including unincorporated associations
  3. 3 Whether the court should exercise its discretion to grant injunctive relief in light of competing rights under the ECHR

Ratio Decidendi

The evidence established a real prospect of success that the defendants, including unincorporated associations, would incite or encourage unlawful harassment of the claimants' employees unless restrained. The balance of competing interests, including ECHR rights, decisively favoured granting a prohibitory injunction in the terms sought, which was proportionate and necessary for protection.

Court Disposition

Injunction granted

Orders

  • Injunction granted in the terms of the draft before the court, subject to amendment to paragraph 7(e)