Thurrock Council v Adams [2022] EWHC 1324 (QB) (27 May 2022)

Thurrock Council v Adams [2022] EWHC 1324 (QB) (27 May 2022)

The claimants are entitled to interim injunctive relief against both named and unknown defendants to restrain acts of public nuisance and trespass arising from protest activity at fuel terminals and highways in Thurrock and Essex. The evidence establishes a real and imminent risk of further tortious conduct, and the terms of the injunction are sufficiently clear, proportionate, and compatible with Articles 10 and 11 ECHR. The requirements for quia timet relief against persons unknown are satisfied, and a power of arrest is justified due to the significant risk of harm. The claimants have standing under s222 LGA 1972 and s130 HA 1980. Service and notice provisions are adequate in the...

Citation
[2022] EWHC 1324 (QB)
Parties
Claimant: Thurrock Council; Claimant: Essex County Council; Defendant: Madeline Adams; Defendant: Ella Eason; Defendant: Other Named Defendants (as listed at Schedule 1 to the Claim Form); Defendant: Persons Unknown (various protest-related categories)
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Interim Injunction Proceedings (civil) / Return Date Hearing on Continuation of Interim Injunction
Outcome
Interim injunction continued with modifications; power of arrest attached to specified provisions.
Legal Topics
Interim Injunctions, Public Nuisance, Trespass, Protest Law, Freedom of Expression, Freedom of Assembly, Persons Unknown, Quia Timet Relief, Local Authority Powers
Civil Procedure Public Law Human Rights Tort Law Interim Injunctions Public Nuisance Trespass Protest Law +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thurrock Council

Claimant

Essex County Council

Claimant

Madeline Adams

Defendant

Ella Eason

Defendant

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

Defendant

Persons Unknown (various protest-related categories)

Defendant

Procedural Posture

Interim Injunction Proceedings (civil) / Return Date Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the claimants are entitled to interim injunctive relief against named and unknown defendants to restrain acts of public nuisance and trespass connected to protest activity at fuel terminals and highways.
  2. 2 Whether the injunction terms are sufficiently clear, proportionate, and compatible with Articles 10 and 11 ECHR (freedom of expression and assembly).
  3. 3 Whether the claimants have standing and proper causes of action for relief sought, including against 'persons unknown'.

Ratio Decidendi

The claimants are entitled to interim injunctive relief against both named and unknown defendants to restrain acts of public nuisance and trespass arising from protest activity at fuel terminals and highways in Thurrock and Essex. The evidence establishes a real and imminent risk of further tortious conduct, and the terms of the injunction are sufficiently clear, proportionate, and compatible with Articles 10 and 11 ECHR. The requirements for quia timet relief against persons unknown are satisfied, and a power of arrest is justified due to the significant risk of harm. The claimants have standing under s222 LGA 1972 and s130 HA 1980. Service and notice provisions are adequate in the...

Court Disposition

Interim injunction continued with modifications; power of arrest attached to specified provisions.

Orders

  • Continuation of interim injunction against named and unknown defendants restraining acts of public nuisance and trespass as specified in the order.
  • Power of arrest attached to specified prohibitions within the injunction.