University of Oxford v Broughton & Ors [2006] EWHC 1233 (QB) (26 May 2006)

University of Oxford v Broughton & Ors [2006] EWHC 1233 (QB) (26 May 2006)

The Court held that the existing exclusion zone should be moderately extended but not to the extent sought by the University, that noise amplification devices should be banned within the exclusion zone and adjacent roads except for lawful assemblies compliant with the Public Order Act 1986, that the permitted number of protestors at the designated protest point remains at 50, and that certain defendants should be struck out as parties where their joinder was unjustified. The Court emphasised the need for proportionality and regular review of the order.

Citation
[2006] EWHC 1233
Parties
Claimant: The Chancellor, Masters and Scholars of the University of Oxford; Claimant: David Robert Holmes; Claimant: Jennifer Gregory; Claimant: Oxford University Fixed Assets Ltd (OUFAL); Defendant: Mel Broughton; Defendant: John Curtin; Defendant: Robert Cogswell; Defendant: Mel Broughton and Robert Cogswell representing SPEAK Campaign; Defendant: Max Gastone representing SHAC; Defendant: Robin Webb representing ALF; Defendant: Amanda King representing SNGP; Defendant: Greg Avery; Defendant: Natasha Avery
Jurisdiction
England and Wales
Judgment Date
26 May 2006
Procedural Posture
Civil Injunction and Damages / Interim Relief and Final Judgment on Outstanding Issues
Outcome
Interim injunction continued with modifications; certain defendants struck out; order to be reviewed regularly.
Legal Topics
Injunctions, Harassment, Public Order, Freedom of Assembly, Representative Actions, Exclusion Zones
Civil Procedure Tort Public Order Injunctions Harassment Freedom of Assembly Representative Actions Exclusion Zones

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

The Chancellor, Masters and Scholars of the University of Oxford

Claimant

David Robert Holmes

Claimant

Jennifer Gregory

Claimant

Oxford University Fixed Assets Ltd (OUFAL)

Claimant

Mel Broughton

Defendant

John Curtin

Defendant

Robert Cogswell

Defendant

Mel Broughton and Robert Cogswell representing SPEAK Campaign

Defendant

Max Gastone representing SHAC

Defendant

Robin Webb representing ALF

Defendant

Amanda King representing SNGP

Defendant

Greg Avery

Defendant

Natasha Avery

Defendant

Procedural Posture

Civil Injunction and Damages / Interim Relief and Final Judgment on Outstanding Issues

Legal Issues

  1. 1 Whether to continue, vary, or discharge interim injunctions restraining protest activity around Oxford University's animal research laboratory site
  2. 2 Whether the exclusion zone should be extended or modified
  3. 3 Whether noise restrictions and limits on protest numbers are justified and proportionate

Ratio Decidendi

The Court held that the existing exclusion zone should be moderately extended but not to the extent sought by the University, that noise amplification devices should be banned within the exclusion zone and adjacent roads except for lawful assemblies compliant with the Public Order Act 1986, that the permitted number of protestors at the designated protest point remains at 50, and that certain defendants should be struck out as parties where their joinder was unjustified. The Court emphasised the need for proportionality and regular review of the order.

Court Disposition

Interim injunction continued with modifications; certain defendants struck out; order to be reviewed regularly.

Orders

  • Exclusion zone moderately extended as specified in the judgment.
  • Ban on noise amplification devices within exclusion zone, Mansfield Road, and St. Cross Road, except for lawful assemblies under the Public Order Act 1986.