Smithkline Beecham Plc & Ors v Avery & Ors (Representing Stop Huntingdon Cruelty ("Shac")

Smithkline Beecham Plc & Ors v Avery & Ors (Representing Stop Huntingdon Cruelty ("Shac")

The court found that unlawful trespass and harassment by animal rights activists against GSK and its protected persons justified a final injunction. Corporate claimants are entitled to relief under the Protection from Harassment Act 1997. SHAC and ALF, though lacking legal personality, can be represented by named defendants under CPR 19.6. Mr Webb and Dr Gastone are appropriate representative defendants for ALF and SHAC respectively. The terms of the injunction as proposed by claimants are appropriate.

Parties
Claimant: SmithKline Beecham PLC; Claimant: Beecham Group PLC; Claimant: The Wellcome Foundation Limited; Claimant: Glaxo Operations UK Limited; Claimant: Glaxo Group Limited; Claimant: GlaxoSmithKline Research & Development Limited; Claimant: Glaxo Properties Limited; Claimant: SmithKline & French Laboratories Limited; Claimant: Dealcyber Limited; Claimant: Glaxo Finance Bermuda Limited; Claimant: Glaxo Wellcome UK Limited; Claimant: William Frederick Trundley; Defendant: Greg Avery; Defendant: Robin Webb; Defendant: Max Gastone
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Civil / Final Judgment
Outcome
Final injunction granted against defendants and representative orders made.
Legal Topics
Injunctions, Harassment, Trespass, Representation Orders, Animal Rights Activism, Corporate Protection, Freedom of Expression
Civil Procedure Tort Public Order Human Rights Injunctions Harassment Trespass Representation Orders +3 more

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Parties

SmithKline Beecham PLC

Claimant

Beecham Group PLC

Claimant

The Wellcome Foundation Limited

Claimant

Glaxo Operations UK Limited

Claimant

Glaxo Group Limited

Claimant

GlaxoSmithKline Research & Development Limited

Claimant

Glaxo Properties Limited

Claimant

SmithKline & French Laboratories Limited

Claimant

Dealcyber Limited

Claimant

Glaxo Finance Bermuda Limited

Claimant

Glaxo Wellcome UK Limited

Claimant

William Frederick Trundley

Claimant

Greg Avery

Defendant

Robin Webb

Defendant

Max Gastone

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether an injunction should be granted to restrain trespass and harassment by animal rights activists against GSK and its protected persons
  2. 2 Whether corporate claimants can claim relief under the Protection from Harassment Act 1997
  3. 3 Whether SHAC and ALF can be represented by named defendants under CPR 19.6

Ratio Decidendi

The court found that unlawful trespass and harassment by animal rights activists against GSK and its protected persons justified a final injunction. Corporate claimants are entitled to relief under the Protection from Harassment Act 1997. SHAC and ALF, though lacking legal personality, can be represented by named defendants under CPR 19.6. Mr Webb and Dr Gastone are appropriate representative defendants for ALF and SHAC respectively. The terms of the injunction as proposed by claimants are appropriate.

Court Disposition

Final injunction granted against defendants and representative orders made.

Orders

  • Injunction restraining trespass and harassment by animal rights activists against GSK and protected persons
  • Representation order: Mr Webb as representative defendant for ALF