Esso Petroleum Company Ltd v Breen & Anor [2023] EWHC 2013 (KB) (31 August 2023)

Esso Petroleum Company Ltd v Breen & Anor [2023] EWHC 2013 (KB) (31 August 2023)

The claimant established a cause of action in conspiracy to injure by unlawful means, supported by evidence of past and threatened unlawful protest activity causing actual and imminent harm. The injunction terms are clear, precise, and proportionate, with appropriate temporal and geographical limits. The interference with Articles 10 and 11 ECHR is justified and necessary to protect the claimant's rights and the public interest in the pipeline project. All procedural requirements for service and notification have been met. The claimant is entitled to a permanent injunction until 31 December 2023.

Citation
[2023] EWHC 2013 (KB)
Parties
Claimant: Esso Petroleum Company Limited; First Defendant: Scott Breen; Second Defendant: The Persons Unknown who are described in Annex 1 to the Claim Form dated 10 August 2022
Jurisdiction
England and Wales
Judgment Date
31 August 2023
Procedural Posture
Claim for Permanent Injunction / Final Judgment After Trial
Outcome
Permanent injunction granted
Legal Topics
Injunctions, Conspiracy to Injure by Unlawful Means, Protest Law, Private Nuisance, Trespass, Freedom of Expression, Freedom of Assembly
Civil Procedure Tort Law Human Rights Injunctions Conspiracy to Injure by Unlawful Means Protest Law Private Nuisance Trespass +2 more

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Parties

Esso Petroleum Company Limited

Claimant

Scott Breen

First Defendant

The Persons Unknown who are described in Annex 1 to the Claim Form dated 10 August 2022

Second Defendant

Procedural Posture

Claim for Permanent Injunction / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to a permanent injunction restraining unlawful protest activity relating to the Southampton to London Oil Pipeline Project
  2. 2 Whether the tort of conspiracy to injure by unlawful means is available where the underlying unlawful acts are not directly actionable by the claimant
  3. 3 Whether the injunction terms are sufficiently clear, precise, and proportionate, especially regarding Articles 10 and 11 ECHR

Ratio Decidendi

The claimant established a cause of action in conspiracy to injure by unlawful means, supported by evidence of past and threatened unlawful protest activity causing actual and imminent harm. The injunction terms are clear, precise, and proportionate, with appropriate temporal and geographical limits. The interference with Articles 10 and 11 ECHR is justified and necessary to protect the claimant's rights and the public interest in the pipeline project. All procedural requirements for service and notification have been met. The claimant is entitled to a permanent injunction until 31 December 2023.

Court Disposition

Permanent injunction granted

Orders

  • A permanent injunction is granted restraining the defendants from specified unlawful protest activities within the DCO Order Limits until 31 December 2023.
  • The interim injunction is continued until further order.