Transport for London v Lee & Ors [2023] EWHC 402 (KB) (24 February 2023)

Transport for London v Lee & Ors [2023] EWHC 402 (KB) (24 February 2023)

The evidence demonstrates a continuing risk of unlawful protest activity causing serious disruption and harm on key London roads. The legal tests for interim injunctive relief, including the American Cyanamid criteria and the balancing of ECHR rights, are satisfied. There is a serious issue to be tried, damages are inadequate, and the balance of convenience strongly favours the claimant. The extension of the injunction, expedited trial, alternative service, third party disclosure, and permission to use disclosed documents are all justified and proportionate in the circumstances.

Citation
[2023] EWHC 402 (KB)
Parties
Claimant: Transport for London; Defendant: Lee and Others
Jurisdiction
England and Wales
Judgment Date
24 February 2023
Procedural Posture
Interim Injunction Application in Civil Proceedings / Application for Extension of Interim Injunction, Expedited Trial, Alternative Service, Third Party Disclosure, and Use of Disclosed Documents
Outcome
Application granted
Legal Topics
Interim Injunctions, Protest Law, Alternative Service, Third Party Disclosure, Human Rights Act 1998, Articles 10 and 11 ECHR, Quia Timet Injunctions
Civil Procedure Public Law Human Rights Interim Injunctions Protest Law Alternative Service Third Party Disclosure Human Rights Act 1998 +2 more

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Parties

Transport for London

Claimant

Lee and Others

Defendant

Procedural Posture

Interim Injunction Application in Civil Proceedings / Application for Extension of Interim Injunction, Expedited Trial, Alternative Service, Third Party Disclosure, and Use of Disclosed Documents

Legal Issues

  1. 1 Whether to extend the interim injunction restraining protests on specified roads
  2. 2 Whether to order expedited trial
  3. 3 Whether to permit alternative service

Ratio Decidendi

The evidence demonstrates a continuing risk of unlawful protest activity causing serious disruption and harm on key London roads. The legal tests for interim injunctive relief, including the American Cyanamid criteria and the balancing of ECHR rights, are satisfied. There is a serious issue to be tried, damages are inadequate, and the balance of convenience strongly favours the claimant. The extension of the injunction, expedited trial, alternative service, third party disclosure, and permission to use disclosed documents are all justified and proportionate in the circumstances.

Court Disposition

Application granted

Orders

  • Extension of interim injunction until trial or further order (with a likely duration of 2-4 months)
  • Expedited trial ordered (2 days, to be listed May-July 2023)