RWE Npower plc & Ors v Carrol & Ors [2007] EWHC 947 (QB) (27 April 2007)

RWE Npower plc & Ors v Carrol & Ors [2007] EWHC 947 (QB) (27 April 2007)

The evidence justified continuation of the injunction against the named Defendants and those acting in concert with them to deter, obstruct, or prevent the Claimant's intended use of the land by unlawful means. The injunction's terms were modified to ensure proportionality and clarity, particularly regarding the scope of restrained activities and the definition of the represented group. Enforcement against unnamed persons represented by the First Defendant requires further court permission under CPR 19.6(4)(b).

Citation
[2007] EWHC 947
Parties
First Claimant: RWE Npower plc; Second Claimant: John Patrick Rainford; First Defendant: Rev. Malcolm Carrol; Second Defendant: David Howarth; Third Defendant: Mike Powell; Fourth Defendant: Christopher Ward; Fifth Defendant: Anthony Bailey; Sixth Defendant: Dr. Peter Harbour
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Injunction Application (continuation) / Interlocutory Hearing on Continuation of Interim Injunction
Outcome
Injunction continued with modifications
Legal Topics
Injunctions, Harassment, Trespass, Representative Actions, Freedom of Expression, Civil Procedure Rules
Civil Procedure Tort Injunctions Harassment Trespass Representative Actions Freedom of Expression Civil Procedure Rules

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Parties

RWE Npower plc

First Claimant

John Patrick Rainford

Second Claimant

Rev. Malcolm Carrol

First Defendant

David Howarth

Second Defendant

Mike Powell

Third Defendant

Christopher Ward

Fourth Defendant

Anthony Bailey

Fifth Defendant

Dr. Peter Harbour

Sixth Defendant

Procedural Posture

Injunction Application (continuation) / Interlocutory Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction restraining harassment and trespass should be continued against the Defendants and persons represented by the First Defendant
  2. 2 Whether the scope of the injunction is proportionate and compatible with rights of peaceful protest and freedom of expression
  3. 3 Whether the First Defendant is properly sued as a representative defendant under CPR 19.6 and the definition of the represented group

Ratio Decidendi

The evidence justified continuation of the injunction against the named Defendants and those acting in concert with them to deter, obstruct, or prevent the Claimant's intended use of the land by unlawful means. The injunction's terms were modified to ensure proportionality and clarity, particularly regarding the scope of restrained activities and the definition of the represented group. Enforcement against unnamed persons represented by the First Defendant requires further court permission under CPR 19.6(4)(b).

Court Disposition

Injunction continued with modifications

Orders

  • The interim injunction restraining harassment and trespass is continued against the named Defendants and those represented by the First Defendant, subject to modifications specified in the judgment.
  • The order is binding on the Defendants and those represented by the First Defendant but may not be enforced against unnamed persons without court permission under CPR 19.6(4)(b).