Huntingdon Life Sciences Group Plc & Anor v Stop Huntingdon Animal Cruelty (SHAC) & Ors [2003] EWHC 1139 (QB) (16 April 2003)

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 seek such relief against targeted harassment. The evidence supports an arguable case of harassment justifying interim injunctive relief, including exclusion zones, pending a full hearing.

Citation
[2003] EWHC 1139 (QB)
Parties
First Claimant: Huntingdon Life Sciences Group PLC; First Claimant: Huntingdon Life Sciences Limited; Second Claimant: Brian Cass; First Defendant: Stop Huntingdon Animal Cruelty (SHAC); 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 Relief Hearing
Outcome
Interim injunction granted in favour of individual claimants and employees; refused for corporate claimants.
Legal Topics
Protection From Harassment Act 1997, Injunctions, Freedom of Assembly, Freedom of Speech, Representative Actions
Civil Procedure Tort Human Rights Protection From Harassment Act 1997 Injunctions Freedom of Assembly Freedom of Speech Representative Actions

Case Brief

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Parties

Huntingdon Life Sciences Group PLC

First Claimant

Huntingdon Life Sciences Limited

First Claimant

Brian Cass

Second Claimant

Stop Huntingdon Animal Cruelty (SHAC)

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 Relief Hearing

Legal Issues

  1. 1 Whether the Protection from Harassment Act 1997 applies to corporations and/or individuals in the context of protest activity
  2. 2 Whether an interim injunction should be granted to protect employees from harassment by protestors
  3. 3 Whether the breadth of the injunction, including exclusion zones and representative defendants, 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 seek such relief against targeted harassment. The evidence supports an arguable case of harassment justifying interim injunctive relief, including exclusion zones, pending a full hearing.

Court Disposition

Interim injunction granted in favour of individual claimants and employees; refused for corporate claimants.

Orders

  • Interim injunction restraining harassment of individual claimants and employees granted in amended terms.
  • Order to be reconsidered at a full hearing on a return date.