Olympic Delivery Authority v Persons Unknown [2012] EWHC 1012 (Ch) (04 April 2012)

Olympic Delivery Authority v Persons Unknown [2012] EWHC 1012 (Ch) (04 April 2012)

The ODA, as exclusive licensee, is entitled to relief for private nuisance caused by protesters' obstruction of access to the site. The protesters' conduct is unlawful and not protected by Articles 10 and 11 ECHR to the extent it obstructs the ODA's rights. The interim injunction is necessary and proportionate to restrain unlawful activity, with the balance of risk of injustice favouring the ODA, but only for a short period to allow affected parties to seek advice and respond.

Citation
[2012] EWHC 1012 (Ch)
Parties
Claimant: Olympic Delivery Authority; Defendants: Persons Unknown; Interested Party: Ms. K. Andrews; Interested Party: Mr. M. Doyle
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Interim Injunction Application / First Instance, Interim Relief
Outcome
Interim injunction granted until 18 April 2012
Legal Topics
Private Nuisance, Public Nuisance, Interim Injunctions, Human Rights Balancing, Protest Law, Exclusive Licence, Freedom of Expression, Freedom of Assembly
Tort Law Human Rights Law Property Law Private Nuisance Public Nuisance Interim Injunctions Human Rights Balancing Protest Law +3 more

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Parties

Olympic Delivery Authority

Claimant

Persons Unknown

Defendants

Ms. K. Andrews

Interested Party

Mr. M. Doyle

Interested Party

Procedural Posture

Interim Injunction Application / First Instance, Interim Relief

Legal Issues

  1. 1 Whether the conduct of protesters constitutes private and/or public nuisance actionable by the ODA
  2. 2 Whether the ODA as exclusive licensee has standing to claim in nuisance
  3. 3 Whether an interim injunction restraining protester activities is necessary and proportionate given the engagement of Articles 10 and 11 ECHR

Ratio Decidendi

The ODA, as exclusive licensee, is entitled to relief for private nuisance caused by protesters' obstruction of access to the site. The protesters' conduct is unlawful and not protected by Articles 10 and 11 ECHR to the extent it obstructs the ODA's rights. The interim injunction is necessary and proportionate to restrain unlawful activity, with the balance of risk of injustice favouring the ODA, but only for a short period to allow affected parties to seek advice and respond.

Court Disposition

Interim injunction granted until 18 April 2012

Orders

  • Defendants restrained from obstructing access to the ODA site and related activities as per revised draft order until 18 April 2012
  • Matter to return to court on 18 April 2012 for reconsideration of continuation of injunction