Esso Petroleum Company Limited v Scott Breen & Anor

Esso Petroleum Company Limited v Scott Breen & Anor

The claimant established the tort of conspiracy to injure by unlawful means through evidence of coordinated unlawful protest activity intended to disrupt the pipeline project. The injunction sought is proportionate, justified, and compliant with procedural and human rights requirements. The terms are clear, with appropriate geographical and temporal limits, and any interference with protest rights is outweighed by the claimant's and public interests.

Parties
Claimant: Esso Petroleum Company Limited; First Defendant: Scott Breen; Second Defendant: Persons Unknown described in Annex 1 to the Claim Form dated 10 August 2022
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Final Judgment on Application for Permanent Injunction After Trial
Outcome
Permanent injunction granted
Legal Topics
Injunctions, Conspiracy to Injure by Unlawful Means, Protest Law, Trespass, Nuisance, Freedom of Expression, Freedom of Assembly
Civil Procedure Tort Law Human Rights Injunctions Conspiracy to Injure by Unlawful Means Protest Law Trespass Nuisance +2 more

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 3 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Esso Petroleum Company Limited

Claimant

Scott Breen

First Defendant

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

Second Defendant

Procedural Posture

Civil / Final Judgment on Application for Permanent Injunction After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to a permanent injunction restraining unlawful protests against the pipeline project
  2. 2 Whether the tort of conspiracy to injure by unlawful means is established
  3. 3 Whether the injunction terms are clear, proportionate, and justified under the Human Rights Act and the European Convention on Human Rights

Ratio Decidendi

The claimant established the tort of conspiracy to injure by unlawful means through evidence of coordinated unlawful protest activity intended to disrupt the pipeline project. The injunction sought is proportionate, justified, and compliant with procedural and human rights requirements. The terms are clear, with appropriate geographical and temporal limits, and any interference with protest rights is outweighed by the claimant's and public interests.

Court Disposition

Permanent injunction granted

Orders

  • Permanent injunction restraining specified unlawful protest activities within the DCO Order Limits until 31 December 2023