Sheffield City Council v Fairhall & Ors

Sheffield City Council v Fairhall & Ors

The extension and variation of the injunction are justified and proportionate in light of continued opposition, risk of resumed unlawful protest, and new forms of obstruction. The revised definition of 'safety zone' and additional terms are necessary to give effect to the original intention of the order and to prevent interference with the tree felling programme.

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
Civil / Application to Extend and Vary Injunction
Outcome
Application granted
Legal Topics
Injunctions, Protest Law, Highway Maintenance, Contempt of Court
Civil Procedure Public Law Injunctions Protest Law Highway Maintenance Contempt of Court

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

Civil / Application to Extend and Vary Injunction

Legal Issues

  1. 1 Whether to extend the duration of the injunction
  2. 2 Whether to vary the definition of 'safety zone'
  3. 3 Whether to add further terms to the injunction

Ratio Decidendi

The extension and variation of the injunction are justified and proportionate in light of continued opposition, risk of resumed unlawful protest, and new forms of obstruction. The revised definition of 'safety zone' and additional terms are necessary to give effect to the original intention of the order and to prevent interference with the tree felling programme.

Court Disposition

Application granted

Orders

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