Heathrow Airport Ltd & Ors v Garman & Ors [2007] EWHC 1957 (QB) (06 August 2007)

Heathrow Airport Ltd & Ors v Garman & Ors [2007] EWHC 1957 (QB) (06 August 2007)

Representative orders against HACAN, AirportWatch, and NoTRAG are discharged due to divergence of interests and lack of evidence of organisational support for unlawful direct action. The claim against these Defendants is struck out. Plane Stupid is an unincorporated association with a unified purpose of direct action, and the representative order stands. However, the evidential threshold for harassment under the Protection from Harassment Act 1997 is not met; there is insufficient evidence that the apprehended conduct would amount to harassment as defined by the Act. Accordingly, the application for injunctive relief under the 1997 Act fails.

Citation
[2007] EWHC 1957
Parties
Claimant: Heathrow Airport Limited; Claimant: Mark William Bullock; Defendant: Joss Garman; Defendant: Leo Murray; Defendant: Joss Garman and Leo Murray (for Plane Stupid); Defendant: John Stewart (for HACAN and AirportWatch); Defendant: Geraldine Nicholson (for No Third Runway Action Group); Intervener: Transport for London; Intervener: London Underground Limited
Jurisdiction
England and Wales
Judgment Date
06 August 2007
Procedural Posture
Application for Injunctive Relief / Interim Injunction Hearing
Outcome
Application for injunctive relief refused in respect of all Defendants except Plane Stupid; claims against HACAN, AirportWatch, and NoTRAG struck out; representative orders against those groups discharged; undertakings accepted from certain Defendants; no injunction granted under the Protection from Harassment Act...
Legal Topics
Injunctions, Representative Actions, Harassment, Direct Action Protests, Unincorporated Associations
Civil Procedure Tort Public Order Injunctions Representative Actions Harassment Direct Action Protests Unincorporated Associations

Case Brief

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Parties

Heathrow Airport Limited

Claimant

Mark William Bullock

Claimant

Joss Garman

Defendant

Leo Murray

Defendant

Joss Garman and Leo Murray (for Plane Stupid)

Defendant

John Stewart (for HACAN and AirportWatch)

Defendant

Geraldine Nicholson (for No Third Runway Action Group)

Defendant

Transport for London

Intervener

London Underground Limited

Intervener

Procedural Posture

Application for Injunctive Relief / Interim Injunction Hearing

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain alleged unlawful direct action at Heathrow Airport under the Protection from Harassment Act 1997, common law torts, and byelaws.
  2. 2 Whether representative orders against certain defendants and organisations are appropriate under CPR 19.6.
  3. 3 Whether the conduct apprehended amounts to harassment under the 1997 Act.

Ratio Decidendi

Representative orders against HACAN, AirportWatch, and NoTRAG are discharged due to divergence of interests and lack of evidence of organisational support for unlawful direct action. The claim against these Defendants is struck out. Plane Stupid is an unincorporated association with a unified purpose of direct action, and the representative order stands. However, the evidential threshold for harassment under the Protection from Harassment Act 1997 is not met; there is insufficient evidence that the apprehended conduct would amount to harassment as defined by the Act. Accordingly, the application for injunctive relief under the 1997 Act fails.

Court Disposition

Application for injunctive relief refused in respect of all Defendants except Plane Stupid; claims against HACAN, AirportWatch, and NoTRAG struck out; representative orders against those groups discharged; undertakings accepted from certain Defendants; no injunction granted under the Protection from Harassment Act...

Orders

  • Representative orders against HACAN, AirportWatch, and NoTRAG discharged.
  • Claims against Fourth and Fifth Defendants struck out.