Smithkline Beecham Plc & Ors v Avery & Ors (Representing Stop Huntingdon Cruelty ("Shac") [2009] EWHC 1488 (QB) (26 June 2009)

Smithkline Beecham Plc & Ors v Avery & Ors (Representing Stop Huntingdon Cruelty ("Shac") [2009] EWHC 1488 (QB) (26 June 2009)

The court held that the claimants were entitled to a final injunction restraining trespass and harassment by animal rights activists, including those acting in the names of SHAC and ALF, and that representative orders under CPR 19.6 were appropriate. The Protection from Harassment Act 1997 as amended allows corporate claimants to seek relief to protect their employees and others. The ALF, while lacking formal structure, is sufficiently organised for a representative order. The standard of proof is the balance of probabilities.

Citation
[2009] EWHC 1488
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 (for and on behalf of the Protected Persons); Defendant: Greg Avery (representing SHAC); Defendant: Robin Webb (representing ALF); Defendant: Max Gastone (representing SHAC)
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Injunction granted; representative orders made.
Legal Topics
Representative Actions, Protection From Harassment Act 1997, Trespass, Corporate Claimants' Rights, Animal Rights Protests, Civil Injunctions, CPR 19.6
Civil Procedure Tort Injunctions Harassment Representative Actions Protection From Harassment Act 1997 Trespass Corporate Claimants' Rights +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 (for and on behalf of the Protected Persons)

Claimant

Greg Avery (representing SHAC)

Defendant

Robin Webb (representing ALF)

Defendant

Max Gastone (representing SHAC)

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether an injunction should be granted to restrain trespass and harassment by animal rights activists against GSK and associated persons
  2. 2 Whether representative orders under CPR 19.6 are appropriate against persons acting in the name of SHAC and ALF
  3. 3 Whether corporate claimants can claim relief under the Protection from Harassment Act 1997

Ratio Decidendi

The court held that the claimants were entitled to a final injunction restraining trespass and harassment by animal rights activists, including those acting in the names of SHAC and ALF, and that representative orders under CPR 19.6 were appropriate. The Protection from Harassment Act 1997 as amended allows corporate claimants to seek relief to protect their employees and others. The ALF, while lacking formal structure, is sufficiently organised for a representative order. The standard of proof is the balance of probabilities.

Court Disposition

Injunction granted; representative orders made.

Orders

  • Final injunction restraining trespass and harassment by animal rights activists, including those acting in the names of SHAC and ALF, against claimants and Protected Persons.
  • Representative orders under CPR 19.6: Mr Avery and Dr Gastone for SHAC, Mr Webb for ALF.