University of Oxford and Ors v Broughton and Ors [2008] EWHC 75 (QB) (25 January 2008)

University of Oxford and Ors v Broughton and Ors [2008] EWHC 75 (QB) (25 January 2008)

The extension of the exclusion zone is justified and proportionate due to the high probability of renewed harassment and intimidation upon the laboratory becoming operational, and the evidence of a longstanding campaign involving unlawful conduct. However, the evidence does not support that protests at graduation ceremonies amount to harassment or conspiracy to injure, so no further order is made in relation to those ceremonies.

Citation
[2008] EWHC 75
Parties
Claimant: University of Oxford and ORS; Respondent: Broughton and ORS
Jurisdiction
England and Wales
Judgment Date
25 January 2008
Procedural Posture
Civil / Interlocutory Application for Variation of Injunction
Outcome
Partially granted
Legal Topics
Injunctions, Harassment, Freedom of Expression, Trespass, Conspiracy to Injure
Civil Procedure Tort Human Rights Injunctions Harassment Freedom of Expression Trespass Conspiracy to Injure

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Parties

University of Oxford and ORS

Claimant

Broughton and ORS

Respondent

Procedural Posture

Civil / Interlocutory Application for Variation of Injunction

Legal Issues

  1. 1 Whether to vary and extend existing injunctions to protect University property and persons from harassment and intimidation by animal rights protesters
  2. 2 Whether to create additional exclusion zones, including at graduation ceremonies, and whether such orders are justified and proportionate

Ratio Decidendi

The extension of the exclusion zone is justified and proportionate due to the high probability of renewed harassment and intimidation upon the laboratory becoming operational, and the evidence of a longstanding campaign involving unlawful conduct. However, the evidence does not support that protests at graduation ceremonies amount to harassment or conspiracy to injure, so no further order is made in relation to those ceremonies.

Court Disposition

Partially granted

Orders

  • Non-controversial amendments to the existing order granted by consent, including deletion and clarification of certain paragraphs.
  • Extension of the exclusion zone on Mansfield Road to Point B (approximately 100 metres) granted.