Sheffield City Council v Fairhall & Ors [2018] EWHC 1793 (QB) (12 July 2018)

Sheffield City Council v Fairhall & Ors [2018] EWHC 1793 (QB) (12 July 2018)

The extension and variation of the injunction is justified and proportionate due to ongoing risk of direct action and new forms of protest that would otherwise interfere with the council's statutory tree felling programme. The revised terms, including the new definition of 'safety zone' and additional restrictions, are necessary to give effect to the original order's purpose and balance the rights of protestors with the council's legitimate aims.

Citation
[2018] EWHC 1793
Parties
Claimant: Sheffield City Council; Defendant: Alice Fairhall; Defendant: Simon Crump; Defendant: Rebecca Hammond; Defendant: Alison Teal; Defendant: David Dillner; Defendant: Calvin Payne; Defendant: Paul Brooke; Defendant: Graham Turnbull; Defendant: Robin Ridley; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
12 July 2018
Procedural Posture
Injunction Application (variation and Extension) / Post Trial, Application to Extend and Vary Injunction
Outcome
Injunction extended and varied as sought by the claimant.
Legal Topics
Injunctions, Protest Law, Contempt of Court, Local Government Powers
Civil Procedure Public Law Injunctions Protest Law Contempt of Court Local Government Powers

Case Brief

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Parties

Sheffield City Council

Claimant

Alice Fairhall

Defendant

Simon Crump

Defendant

Rebecca Hammond

Defendant

Alison Teal

Defendant

David Dillner

Defendant

Calvin Payne

Defendant

Paul Brooke

Defendant

Graham Turnbull

Defendant

Robin Ridley

Defendant

Persons Unknown

Defendant

Procedural Posture

Injunction Application (variation and Extension) / Post Trial, Application to Extend and Vary Injunction

Legal Issues

  1. 1 Whether to extend the duration of the injunction restraining protest activities around tree felling in Sheffield
  2. 2 Whether to vary the definition of 'safety zone' and add further restrictions to address new forms of protest
  3. 3 Whether the varied injunction should apply to named defendants and persons unknown

Ratio Decidendi

The extension and variation of the injunction is justified and proportionate due to ongoing risk of direct action and new forms of protest that would otherwise interfere with the council's statutory tree felling programme. The revised terms, including the new definition of 'safety zone' and additional restrictions, are necessary to give effect to the original order's purpose and balance the rights of protestors with the council's legitimate aims.

Court Disposition

Injunction extended and varied as sought by the claimant.

Orders

  • The injunction is extended from 26 July 2018 until 23:59 on 25 January 2020.
  • The definition of 'safety zone' is revised as set out in the order.