North Warwickshire Borough Council v Baldwin & Ors [2023] EWHC 1719 (KB) (14 July 2023)

North Warwickshire Borough Council v Baldwin & Ors [2023] EWHC 1719 (KB) (14 July 2023)

The Council was entitled to interim injunctive relief to restrain protest activities at Kingsbury Oil Terminal that created serious risks to public safety and constituted public nuisance. The injunction terms, as amended to remove the buffer zone, were proportionate and struck a fair balance between the rights of protestors and the need to protect the public. The Council had standing under s.222 Local Government Act 1972 and s.130 Highways Act 1980. The definition of 'persons unknown' was sufficiently precise, and alternative service was justified. The injunction did not unlawfully interfere with Articles 10 and 11 ECHR rights.

Citation
[2023] EWHC 1719 (KB)
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
14 July 2023
Procedural Posture
Interim Injunction Application (civil) / Return Date Hearing on Continuation of Interim Injunction
Outcome
Interim injunction continued (as amended) until trial; applications to discharge refused.
Legal Topics
Interim Injunctions, Protest Law, Public Nuisance, Power of Arrest, Alternative Service, Articles 10 and 11 ECHR, Persons Unknown, Local Authority Powers
Civil Procedure Public Law Human Rights Interim Injunctions Protest Law Public Nuisance Power of Arrest Alternative Service +3 more

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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

Interim Injunction Application (civil) / Return Date Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the Council is entitled to interim injunctive relief against protestors (named and persons unknown) at Kingsbury Oil Terminal
  2. 2 Whether the injunction terms, including buffer zone and power of arrest, are proportionate and lawful
  3. 3 Whether the definition of 'persons unknown' is sufficiently precise

Ratio Decidendi

The Council was entitled to interim injunctive relief to restrain protest activities at Kingsbury Oil Terminal that created serious risks to public safety and constituted public nuisance. The injunction terms, as amended to remove the buffer zone, were proportionate and struck a fair balance between the rights of protestors and the need to protect the public. The Council had standing under s.222 Local Government Act 1972 and s.130 Highways Act 1980. The definition of 'persons unknown' was sufficiently precise, and alternative service was justified. The injunction did not unlawfully interfere with Articles 10 and 11 ECHR rights.

Court Disposition

Interim injunction continued (as amended) until trial; applications to discharge refused.

Orders

  • Continuation of interim injunction against named defendants and persons unknown, with amended terms removing the buffer zone.
  • Power of arrest attached to specified prohibitions.