THURROCK COUNCIL & Anor v MADELINE ADAMS & Ors

THURROCK COUNCIL & Anor v MADELINE ADAMS & Ors

The Claimants established legitimate causes of action in public nuisance and trespass, supported by evidence of past protest activity and risk. Interim injunctive relief was justified against both named defendants and persons unknown, with terms necessary and proportionate to protect public safety and rights of others. The injunction's clarity and enforceability were sufficient, and a power of arrest was properly attached. No cross-undertaking in damages was required due to the Claimants' statutory duties. The duty of candour breach at the without notice hearing did not warrant discharge of the order.

Parties
Claimant: Thurrock Council; Claimant: Essex County Council; Defendant: Madeline Adams; Defendant: Ella Eason; Defendant: Other Named Defendants (as listed at Schedule 1); Defendant: Persons Unknown (categories 223-229)
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Injunction Proceedings / Interim Return Date
Outcome
Interim injunction continued with modifications
Legal Topics
Public Nuisance, Trespass, Injunctions, Protest Law, Duty of Candour, Service of Process, Power of Arrest, Undertaking in Damages, Freedom of Expression, Freedom of Assembly
Public Law Civil Procedure Human Rights Tort Law Public Nuisance Trespass Injunctions Protest Law +6 more

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Parties

Thurrock Council

Claimant

Essex County Council

Claimant

Madeline Adams

Defendant

Ella Eason

Defendant

Other Named Defendants (as listed at Schedule 1)

Defendant

Persons Unknown (categories 223-229)

Defendant

Procedural Posture

Injunction Proceedings / Interim Return Date

Legal Issues

  1. 1 Whether interim injunctive relief is justified against named defendants and persons unknown for protest actions amounting to public nuisance and trespass
  2. 2 Whether the terms of the injunction are clear, enforceable, and proportionate given Articles 10 and 11 ECHR
  3. 3 Whether a power of arrest should be attached to the injunction

Ratio Decidendi

The Claimants established legitimate causes of action in public nuisance and trespass, supported by evidence of past protest activity and risk. Interim injunctive relief was justified against both named defendants and persons unknown, with terms necessary and proportionate to protect public safety and rights of others. The injunction's clarity and enforceability were sufficient, and a power of arrest was properly attached. No cross-undertaking in damages was required due to the Claimants' statutory duties. The duty of candour breach at the without notice hearing did not warrant discharge of the order.

Court Disposition

Interim injunction continued with modifications

Orders

  • Interim injunction granted against named defendants and persons unknown for specified acts of public nuisance and trespass
  • Power of arrest attached to specified prohibitions