Buxton & Ors, R. v [2010] EWCA Crim 2923 (01 December 2010)

Buxton & Ors, R. v [2010] EWCA Crim 2923 (01 December 2010)

Restraining orders under section 5(1) Protection from Harassment Act 1997 may lawfully protect a limited company or its employees, but in this case, due to lack of evidence of harassment or fear of violence, and the peaceful nature of the protest, it was not appropriate to impose such an order.

Citation
[2010] EWCA Crim 2923
Parties
Applicant: Ivan Buxton; Applicant: Emma Byron; Applicant: David Clements; Applicant: Agnes Vongegerfelt; Applicant: Trevor Houghton; Applicant: Catherine Lambert; Applicant: Joseph Short; Applicant: Emma Simon; Applicant: Zoe Smith; Applicant: Nicholas Kassam; Applicant: Daniel Quiggin; Applicant: James Aldridge; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order Following Conviction and Sentence
Outcome
appeal allowed
Legal Topics
Restraining Orders, Protection From Harassment, Corporate Victim Protection, Environmental Protest, Malicious Damage Act Offences
Criminal Law Public Order Harassment Restraining Orders Protection From Harassment Corporate Victim Protection Environmental Protest Malicious Damage Act Offences

Case Brief

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Parties

Ivan Buxton

Applicant

Emma Byron

Applicant

David Clements

Applicant

Agnes Vongegerfelt

Applicant

Trevor Houghton

Applicant

Catherine Lambert

Applicant

Joseph Short

Applicant

Emma Simon

Applicant

Zoe Smith

Applicant

Nicholas Kassam

Applicant

Daniel Quiggin

Applicant

James Aldridge

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order Following Conviction and Sentence

Legal Issues

  1. 1 Can a restraining order under section 5(1) of the Protection from Harassment Act 1997 lawfully protect a limited company or its employees?
  2. 2 Was it appropriate to impose a restraining order in the circumstances of this case?

Ratio Decidendi

Restraining orders under section 5(1) Protection from Harassment Act 1997 may lawfully protect a limited company or its employees, but in this case, due to lack of evidence of harassment or fear of violence, and the peaceful nature of the protest, it was not appropriate to impose such an order.

Court Disposition

appeal allowed

Orders

  • restraining orders against all applicants quashed
  • conditional discharge and costs orders remain unaffected