North Warwickshire Borough Council v David Baldwin & Ors

North Warwickshire Borough Council v David Baldwin & Ors

The Council was entitled to interim injunctive relief, including a power of arrest, against both named and unnamed protestors at Kingsbury Oil Terminal. The injunction was justified by the significant risk of harm, the inadequacy of criminal sanctions, and the need to prevent public nuisance. The terms of the injunction were proportionate and did not prevent lawful protest. However, the description of 'persons unknown' required amendment to comply with procedural guidance. The application to discharge the order was refused and the interim order was to remain in place, subject to amendment.

Parties
Claimant: North Warwickshire Borough Council; Defendant: David Baldwin; Defendant: Thomas Barber; Defendant: Michelle Cadet-Rose; Defendant: Tim Hewes; Defendant: John Howlett; Defendant: John Jordan; Defendant: Carmen Lean; Defendant: Alison Lee; Defendant: Amy Pritchard; Defendant: Stephen Pritchard; Defendant: Paul Raithby; Defendant: Holly Rothwell; Defendant: John Smith; Defendant: Ben Taylor; Defendant: Jane Thewlis; Defendant: Anthony Whitehouse; Defendant: Persons Unknown; Defendant: Jake Handling; Interested Person: Jessica Branch
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (injunction/public Nuisance) / Interim Injunction – Return Date Hearing
Outcome
Interim injunction continued to trial, subject to amendment of 'persons unknown' description.
Legal Topics
Injunctions, Public Nuisance, Protest Law, Persons Unknown, Power of Arrest, Human Rights Act, Freedom of Assembly, Freedom of Expression
Public Law Civil Procedure Human Rights Injunctions Public Nuisance Protest Law Persons Unknown Power of Arrest +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

North Warwickshire Borough Council

Claimant

David Baldwin

Defendant

Thomas Barber

Defendant

Michelle Cadet-Rose

Defendant

Tim Hewes

Defendant

John Howlett

Defendant

John Jordan

Defendant

Carmen Lean

Defendant

Alison Lee

Defendant

Amy Pritchard

Defendant

Stephen Pritchard

Defendant

Paul Raithby

Defendant

Holly Rothwell

Defendant

John Smith

Defendant

Ben Taylor

Defendant

Jane Thewlis

Defendant

Anthony Whitehouse

Defendant

Persons Unknown

Defendant

Jake Handling

Defendant

Jessica Branch

Interested Person

Procedural Posture

Civil (injunction/public Nuisance) / Interim Injunction – Return Date Hearing

Legal Issues

  1. 1 Whether the Council is entitled to interim injunctive relief against named and unnamed protestors at Kingsbury Oil Terminal
  2. 2 Whether the injunction and power of arrest are justified and proportionate, including under Articles 10 and 11 ECHR
  3. 3 Whether the description of 'persons unknown' and service provisions are lawful and effective

Ratio Decidendi

The Council was entitled to interim injunctive relief, including a power of arrest, against both named and unnamed protestors at Kingsbury Oil Terminal. The injunction was justified by the significant risk of harm, the inadequacy of criminal sanctions, and the need to prevent public nuisance. The terms of the injunction were proportionate and did not prevent lawful protest. However, the description of 'persons unknown' required amendment to comply with procedural guidance. The application to discharge the order was refused and the interim order was to remain in place, subject to amendment.

Court Disposition

Interim injunction continued to trial, subject to amendment of 'persons unknown' description.

Orders

  • Application to discharge the injunction refused.
  • Interim injunction to remain in place until trial, subject to amendment.