National Highways Ltd v Persons unknown (blocking traffic) [2021] EWHC 3081 (QB) (17 November 2021)

National Highways Ltd v Persons unknown (blocking traffic) [2021] EWHC 3081 (QB) (17 November 2021)

There is a sufficiently real and imminent risk of further torts of trespass and nuisance by protestors on the SRN to justify interim quia timet injunctive relief. The injunction is a proportionate interference with Articles 10 and 11 ECHR rights, given the scale and impact of the disruption, the inadequacy of alternative remedies, and the need to protect the rights of road users. The terms of the injunction are sufficiently clear, precise, and appropriately limited.

Citation
[2021] EWHC 3081
Parties
Claimant: National Highways Limited; Defendants: Persons unknown deliberately causing the blocking, slowing down, obstructing or otherwise interfering with the flow of traffic onto or off or along the strategic road network for the purpose of protesting and Others; Defendant: Dr Diana Lewen Warner; Defendant: Jerrard Mark Latimer; Defendant: Liam Norton; Defendant: Michael Brown; Defendant: Rob Stuart; Defendant: Stephen Gower; Defendant: Tim Speers; Defendant: Victoria Anne Lindsell; Defendant: Andria Efthimious-Mordaunt; Interested Party: Jessica Branch; Interested Party: Caspar Hughes
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Interim Injunction (civil) / Return Date Hearing on Application to Set Aside or Vary Ex Parte Interim Injunction
Outcome
Application to set aside the interim injunction refused; injunction varied and reissued with revised wording.
Legal Topics
Interim Injunctions, Quia Timet Relief, Protest Law, Freedom of Expression, Freedom of Assembly, Trespass, Nuisance, Proportionality, Persons Unknown Defendants
Civil Procedure Human Rights Tort Interim Injunctions Quia Timet Relief Protest Law Freedom of Expression Freedom of Assembly +4 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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

National Highways Limited

Claimant

Persons unknown deliberately causing the blocking, slowing down, obstructing or otherwise interfering with the flow of traffic onto or off or along the strategic road network for the purpose of protesting and Others

Defendants

Dr Diana Lewen Warner

Defendant

Jerrard Mark Latimer

Defendant

Liam Norton

Defendant

Michael Brown

Defendant

Rob Stuart

Defendant

Stephen Gower

Defendant

Tim Speers

Defendant

Victoria Anne Lindsell

Defendant

Andria Efthimious-Mordaunt

Defendant

Jessica Branch

Interested Party

Caspar Hughes

Interested Party

Procedural Posture

Interim Injunction (civil) / Return Date Hearing on Application to Set Aside or Vary Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether there is a sufficiently real and imminent risk of torts (trespass and nuisance) to justify quia timet interim injunctive relief against protestors, including persons unknown, in the context of protests on the Strategic Road Network (SRN)
  2. 2 Whether the interim injunction unjustifiably interferes with the rights to freedom of expression and assembly under Articles 10 and 11 ECHR
  3. 3 Whether the terms of the injunction are sufficiently clear, precise, and proportionate

Ratio Decidendi

There is a sufficiently real and imminent risk of further torts of trespass and nuisance by protestors on the SRN to justify interim quia timet injunctive relief. The injunction is a proportionate interference with Articles 10 and 11 ECHR rights, given the scale and impact of the disruption, the inadequacy of alternative remedies, and the need to protect the rights of road users. The terms of the injunction are sufficiently clear, precise, and appropriately limited.

Court Disposition

Application to set aside the interim injunction refused; injunction varied and reissued with revised wording.

Orders

  • Linden J’s ex parte interim injunction not set aside.
  • Order discharged with effect from 11 November 2021 and replaced with a differently worded injunction.