Sheffield City Council v Fairhall & Ors (Rev 1) [2017] EWHC 2121 (QB) (15 August 2017)

Sheffield City Council v Fairhall & Ors (Rev 1) [2017] EWHC 2121 (QB) (15 August 2017)

The council is entitled to an injunction restraining the defendants from entering or remaining in safety zones around trees on public highways, as such conduct constitutes trespass and is not a reasonable use of the highway. The council's tree felling decisions are lawful exercises of its statutory powers and duties. The defendants' actions, while peaceful, are not protected by Articles 10 and 11 ECHR in this context, as the restriction is prescribed by law and necessary for the rights of others and the performance of statutory duties.

Citation
[2017] EWHC 2121 (QB)
Parties
Claimant: Sheffield City Council; Defendant: Alice Fairhall; Defendant: Simon Crump; Defendant: Alison Teal; Defendant: David Dillner; Defendant: Calvin Payne; Defendant: Paul Brooke; Defendant: Graham Turnbull; Defendant: Robin Ridley; Defendant: Persons Unknown being persons intending to enter or remain in safety zones erected on public highways in the City of Sheffield
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Civil Claim (injunction) / Trial Judgment
Outcome
Injunction granted against the fourth, fifth, and sixth defendants and persons unknown; claim for injunction not pursued against other named defendants due to undertakings.
Legal Topics
Injunctions, Trespass, Highway Law, Freedom of Assembly, Freedom of Expression, Statutory Powers and Duties, Protest Law
Public Law Civil Procedure Local Government Law Human Rights Injunctions Trespass Highway Law Freedom of Assembly +3 more

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Parties

Sheffield City Council

Claimant

Alice Fairhall

Defendant

Simon Crump

Defendant

Alison Teal

Defendant

David Dillner

Defendant

Calvin Payne

Defendant

Paul Brooke

Defendant

Graham Turnbull

Defendant

Robin Ridley

Defendant

Persons Unknown being persons intending to enter or remain in safety zones erected on public highways in the City of Sheffield

Defendant

Procedural Posture

Civil Claim (injunction) / Trial Judgment

Legal Issues

  1. 1 Whether the council is entitled to an injunction restraining defendants from entering or remaining in safety zones around trees on public highways to prevent tree felling
  2. 2 Whether the defendants' conduct constitutes trespass or other torts
  3. 3 Whether the defendants' actions are protected by Articles 10 and 11 ECHR (freedom of expression and assembly)

Ratio Decidendi

The council is entitled to an injunction restraining the defendants from entering or remaining in safety zones around trees on public highways, as such conduct constitutes trespass and is not a reasonable use of the highway. The council's tree felling decisions are lawful exercises of its statutory powers and duties. The defendants' actions, while peaceful, are not protected by Articles 10 and 11 ECHR in this context, as the restriction is prescribed by law and necessary for the rights of others and the performance of statutory duties.

Court Disposition

Injunction granted against the fourth, fifth, and sixth defendants and persons unknown; claim for injunction not pursued against other named defendants due to undertakings.

Orders

  • Defendants Alison Teal, David Dillner, Calvin Payne, and persons unknown are restrained from entering or remaining in safety zones erected on public highways in Sheffield for the purpose of preventing tree felling.
  • The claim for an injunction is dismissed against the other named defendants who have given undertakings.