Edo Technology Ltd ("Edo") & Anor v Campaign To Smash Edo & Ors [2005] EWHC 2490 (QB) (4 November 2005)

Edo Technology Ltd ("Edo") & Anor v Campaign To Smash Edo & Ors [2005] EWHC 2490 (QB) (4 November 2005)

The defendants' composite defence does not enable reliance on the prevention of crime defence under s.1(3)(a) PHA 1997, as their conduct was not aimed at preventing a specific, immediate or imminent crime. The reasonableness defence under s.1(3)(c) remains open for trial. Issues of justiciability do not preclude examination of alleged domestic crimes. Preliminary issues (b) and (c) do not arise for decision at this stage.

Citation
[2005] EWHC 2490
Parties
Claimant: EDO Technology Limited; Claimant: David Anthony Jones; Defendant: Campaign to Smash EDO; 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; Intervener: Attorney-General
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Civil / Preliminary Issues Judgment Before Trial
Outcome
Defendants cannot rely on the prevention of crime defence under s.1(3)(a) PHA 1997; other defences remain for trial.
Legal Topics
Harassment, Injunctions, Protest Law, Protection From Harassment Act 1997, Freedom of Expression, Prevention of Crime, Justiciability, International Criminal Court Act 2001
Civil Procedure Tort Human Rights Harassment Injunctions Protest Law Protection From Harassment Act 1997 Freedom of Expression +3 more

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Parties

EDO Technology Limited

Claimant

David Anthony Jones

Claimant

Campaign to Smash EDO

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

Attorney-General

Intervener

Procedural Posture

Civil / Preliminary Issues Judgment Before Trial

Legal Issues

  1. 1 Whether the defendants' protest campaign constitutes harassment under the Protection from Harassment Act 1997
  2. 2 Whether the defence of prevention of crime under s.1(3)(a) PHA 1997 is available to the defendants
  3. 3 Whether the defence of reasonableness under s.1(3)(c) PHA 1997 is available to the defendants

Ratio Decidendi

The defendants' composite defence does not enable reliance on the prevention of crime defence under s.1(3)(a) PHA 1997, as their conduct was not aimed at preventing a specific, immediate or imminent crime. The reasonableness defence under s.1(3)(c) remains open for trial. Issues of justiciability do not preclude examination of alleged domestic crimes. Preliminary issues (b) and (c) do not arise for decision at this stage.

Court Disposition

Defendants cannot rely on the prevention of crime defence under s.1(3)(a) PHA 1997; other defences remain for trial.

Orders

  • Parties to consider consequential orders following this judgment.