Thurrock Council & Anor v Adams & Ors [2024] EWHC 2750 (KB) (30 October 2024)

Thurrock Council & Anor v Adams & Ors [2024] EWHC 2750 (KB) (30 October 2024)

Continued injunctive relief is justified against named and unnamed defendants due to ongoing risk of unlawful protest activity, significant disruption, and harm to public interests; injunction terms are proportionate, target unlawful conduct, and do not restrain lawful protest; power of arrest is appropriate given risk of harm; Mr Laurie has not offered undertakings and presents sufficient risk to warrant continued injunction.

Citation
[2024] EWHC 2750 (KB)
Parties
Claimant: Thurrock Council; Claimant: Essex County Council; Defendant: Madeline Adams; Defendant: Charles Philip Laurie; Defendant: Other Named Defendants (as listed at Schedule 1 to the Claim Form); Defendant: Persons Unknown (as defined in claim form)
Jurisdiction
England and Wales
Judgment Date
30 October 2024
Procedural Posture
Civil Injunction / Final Hearing
Outcome
Injunction continued for 5 years with annual reviews; power of arrest attached; provision for variation or discharge included.
Legal Topics
Injunctions, Public Nuisance, Trespass, Protest Law, Quia Timet Injunctions, Power of Arrest, Freedom of Expression, Freedom of Assembly
Civil Procedure Public Law Human Rights Tort Law Injunctions Public Nuisance Trespass Protest Law +4 more

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Parties

Thurrock Council

Claimant

Essex County Council

Claimant

Madeline Adams

Defendant

Charles Philip Laurie

Defendant

Other Named Defendants (as listed at Schedule 1 to the Claim Form)

Defendant

Persons Unknown (as defined in claim form)

Defendant

Procedural Posture

Civil Injunction / Final Hearing

Legal Issues

  1. 1 Whether final injunctive relief should be granted against named and unnamed defendants to restrain protest activities
  2. 2 Whether the terms of the injunction are proportionate and lawful
  3. 3 Whether the power of arrest should be attached to the injunction

Ratio Decidendi

Continued injunctive relief is justified against named and unnamed defendants due to ongoing risk of unlawful protest activity, significant disruption, and harm to public interests; injunction terms are proportionate, target unlawful conduct, and do not restrain lawful protest; power of arrest is appropriate given risk of harm; Mr Laurie has not offered undertakings and presents sufficient risk to warrant continued injunction.

Court Disposition

Injunction continued for 5 years with annual reviews; power of arrest attached; provision for variation or discharge included.

Orders

  • Continued injunctive relief against named and unnamed defendants for 5 years
  • Annual review of injunction