Edo Technology Ltd ("Edo") & Anor v Campaign To Smash Edo & Ors

Edo Technology Ltd ("Edo") & Anor v Campaign To Smash Edo & Ors

Claimants' failures in timely amendment, disclosure, and preparation for trial constituted abuse of process, justifying discharge of interim injunction; permission to amend pleadings granted subject to revision and costs, as amendments can be managed for trial in summer term.

Parties
Claimant: EDO Technology Limited; Claimant: Paul Hills; Defendant: Campaign to Smash EDO; Defendant: Bombs Out of Brighton Campaign; Defendant: Mathew Axworthy; Defendant: Simon Levin; Defendant: Christopher Osmond; Defendant: Anthony Parker; Defendant: Cynthia Schwartz; Defendant: Elizabeth Welch; Defendant: Penny Steel; Defendant: Lorna Marcham; Defendant: Tom Daly; Defendant: Jaya Nyanajoti; Defendant: Thomas Gittoes; Defendant: James Fenn; Defendant: Paul Fenn; Defendant: Richard Hollis; Defendant: Ceri Gibbons
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Civil / Interlocutory Judgment on Amendment and Abuse of Process Applications
Outcome
Interim injunction discharged; permission to amend pleadings granted; claimants to pay costs on indemnity basis.
Legal Topics
Abuse of Process, Interim Injunctions, Amendment of Pleadings, Harassment, Trespass, Nuisance, Data Protection, Disclosure
Civil Procedure Tort Law Statutory Interpretation Abuse of Process Interim Injunctions Amendment of Pleadings Harassment Trespass +3 more

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Parties

EDO Technology Limited

Claimant

Paul Hills

Claimant

Campaign to Smash EDO

Defendant

Bombs Out of Brighton Campaign

Defendant

Mathew Axworthy

Defendant

Simon Levin

Defendant

Christopher Osmond

Defendant

Anthony Parker

Defendant

Cynthia Schwartz

Defendant

Elizabeth Welch

Defendant

Penny Steel

Defendant

Lorna Marcham

Defendant

Tom Daly

Defendant

Jaya Nyanajoti

Defendant

Thomas Gittoes

Defendant

James Fenn

Defendant

Paul Fenn

Defendant

Richard Hollis

Defendant

Ceri Gibbons

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Amendment and Abuse of Process Applications

Legal Issues

  1. 1 Whether claimants should be permitted to amend pleadings to introduce new tort claims
  2. 2 Whether claimants' conduct amounted to abuse of process justifying discharge of interim injunction
  3. 3 Whether disclosure and reliance on police material breached court orders or data protection requirements

Ratio Decidendi

Claimants' failures in timely amendment, disclosure, and preparation for trial constituted abuse of process, justifying discharge of interim injunction; permission to amend pleadings granted subject to revision and costs, as amendments can be managed for trial in summer term.

Court Disposition

Interim injunction discharged; permission to amend pleadings granted; claimants to pay costs on indemnity basis.

Orders

  • Claimants permitted to amend Claim Form and Particulars of Claim subject to revision.
  • Interim injunction against remaining defendants discharged.