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 real and imminent risk of further Insulate Britain protests causing torts of trespass and nuisance on the Strategic Road Network. The injunction terms are sufficiently clear, precise, and proportionate, and the interference with protestors' rights under Articles 10 and 11 ECHR is justified and strikes a fair balance between individual rights and public interest. Damages are not an adequate remedy and the balance of convenience favours continuation of the injunction.

Citation
[2021] EWHC 3081 (QB)
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; Defendant: Jessica Branch; Defendant: Caspar Hughes
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Interim Injunction Application / Return Date Hearing on Ex Parte Interim Injunction
Outcome
Interim injunction continued with variations; application to set aside refused.
Legal Topics
Interim Injunctions, Protest Law, Freedom of Expression, Freedom of Assembly, Trespass, Nuisance, Quia Timet Relief, Proportionality Assessment
Civil Procedure Human Rights Tort Law Interim Injunctions Protest Law Freedom of Expression Freedom of Assembly Trespass +3 more

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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

Defendant

Caspar Hughes

Defendant

Procedural Posture

Interim Injunction Application / Return Date Hearing on Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether there is a sufficiently real and imminent risk of torts (trespass, nuisance) to justify quia timet interim injunction against protestors
  2. 2 Whether the injunction terms are clear, precise, proportionate, and compliant with procedural requirements for 'persons unknown'
  3. 3 Whether the interference with protestors' rights under Articles 10 and 11 ECHR is justified and proportionate

Ratio Decidendi

There is a real and imminent risk of further Insulate Britain protests causing torts of trespass and nuisance on the Strategic Road Network. The injunction terms are sufficiently clear, precise, and proportionate, and the interference with protestors' rights under Articles 10 and 11 ECHR is justified and strikes a fair balance between individual rights and public interest. Damages are not an adequate remedy and the balance of convenience favours continuation of the injunction.

Court Disposition

Interim injunction continued with variations; application to set aside refused.

Orders

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