Huntingdon Life Sciences Group Plc & Anor v Stop Huntingdon Animal Cruelty (SHAC) & Ors [2003] EWHC 1139 (QB) (16 April 2003)
The Protection from Harassment Act 1997 does not permit a corporation to obtain an injunction where breach would lead to criminal liability, but does permit individuals, including employees and their representative, to obtain such relief against targeted harassment. The evidence justifies interim injunctive relief against the defendants, including exclusion zones, due to the imminent threat of further harassment and the need to protect individuals from unlawful conduct.
- Citation
- [2003] EWHC 1139
- Parties
- First Claimant: Huntingdon Life Sciences Group PLC; First Claimant: Huntingdon Life Sciences Limited; Second Claimant: Brian Cass (for and on behalf of the Employees of the First Claimant pursuant to CPR part 19.6); First Defendant: Stop Huntingdon Animal Cruelty (SHAC) (for and on behalf of its members and all protestors conducting activities against the Claimants pursuant to CPR part 19.6); Second Defendant: Greg Avery; Third Defendant: Natasha Avery (aka Dallemagne); Fourth Defendant: Heather James (aka Avery); Fifth Defendant: Lynn Sawyer; Sixth Defendant: Joseph Dawson (aka Dziurzynski); Seventh Defendant: Sarah Margaret Brown; Eighth Defendant: Donald Currie; Ninth Defendant: Claire Percy; Tenth Defendant: Sarah Gisborne; Eleventh Defendant: London Animal Action; Twelfth Defendant: Animal Liberation Front
- Jurisdiction
- England and Wales
- Judgment Date
- 16 April 2003
- Procedural Posture
- Application for Interim Injunction / Interim Hearing Before Full Trial
- Outcome
- Interim injunction granted in amended terms for the protection of individual claimants and employees; not granted to corporate claimants.
- Legal Topics
- Protection From Harassment Act 1997, Interim Injunctions, Freedom of Assembly, Freedom of Expression, Representative Actions
Case Brief
Summary, issues, holding and outcome
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Parties
Huntingdon Life Sciences Group PLC
First Claimant
Huntingdon Life Sciences Limited
First Claimant
Brian Cass (for and on behalf of the Employees of the First Claimant pursuant to CPR part 19.6)
Second Claimant
Stop Huntingdon Animal Cruelty (SHAC) (for and on behalf of its members and all protestors conducting activities against the Claimants pursuant to CPR part 19.6)
First Defendant
Greg Avery
Second Defendant
Natasha Avery (aka Dallemagne)
Third Defendant
Heather James (aka Avery)
Fourth Defendant
Lynn Sawyer
Fifth Defendant
Joseph Dawson (aka Dziurzynski)
Sixth Defendant
Sarah Margaret Brown
Seventh Defendant
Donald Currie
Eighth Defendant
Claire Percy
Ninth Defendant
Sarah Gisborne
Tenth Defendant
London Animal Action
Eleventh Defendant
Animal Liberation Front
Twelfth Defendant
Procedural Posture
Application for Interim Injunction / Interim Hearing Before Full Trial
Legal Issues
- 1 Whether the Protection from Harassment Act 1997 applies to corporations and individuals in the context of protest-related harassment
- 2 Whether interim injunctive relief is appropriate against protestors and associated organisations
- 3 Whether the breadth of the injunction, including exclusion zones and representative scope, is lawful
Ratio Decidendi
The Protection from Harassment Act 1997 does not permit a corporation to obtain an injunction where breach would lead to criminal liability, but does permit individuals, including employees and their representative, to obtain such relief against targeted harassment. The evidence justifies interim injunctive relief against the defendants, including exclusion zones, due to the imminent threat of further harassment and the need to protect individuals from unlawful conduct.
Court Disposition
Interim injunction granted in amended terms for the protection of individual claimants and employees; not granted to corporate claimants.
Orders
- Interim injunction restraining harassment of individual claimants and employees by named defendants and associated protestors, including exclusion zones.
- Order to return for a full hearing in the near future.
Full Case Text
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