The Chancellor, Masters and Scholars of the University of Oxford & Ors v Broughton & Ors [2005] EWCA Civ 144 (10 February 2005)

The Chancellor, Masters and Scholars of the University of Oxford & Ors v Broughton & Ors [2005] EWCA Civ 144 (10 February 2005)

The application for permission to appeal raises issues of general importance that may merit consideration by the Court of Appeal, but the court is not persuaded there is a real prospect of success at this stage. The application is adjourned to be listed on notice to the respondents, with the appeal to follow if permission is granted.

Citation
[2005] EWCA Civ 144
Parties
Claimant/respondent: The Chancellor, Masters and Scholars of the University of Oxford (The University of Oxford); Claimant/respondent: David Holmes, Registrar of the University of Oxford (for and on behalf of the employees and members of the University); Claimant/respondent: Jennifer Gregory (for and on behalf of the employees and shareholders of the contractors, sub-contractors and suppliers of the University); Defendant: Mel Broughton; Defendant: John Curtin; Defendant: Robert Cogswell; Fourth Defendant/applicant: SPEAK Campaigns; Defendant: Stop Primate Experiments at Cambridge ("SPEAC"); Defendant: Stop Huntington Animal Cruelty ("SHAC"); Defendant: Oxford Animal Rights Group; Defendant: People Against Cruelty to Animals - West Midlands; Defendant: West Midlands Animal Action; Defendant: Animal Liberation Front ("ALF")
Jurisdiction
England and Wales
Judgment Date
10 February 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (adjourned)
Outcome
Application for permission to appeal adjourned to an on-notice application; appeal to follow if permission granted; costs reserved.
Legal Topics
Representative Actions, Protection From Harassment Act 1997, Political Protest, Injunctions Against Protest Groups
Civil Procedure Injunctions Public Order Representative Actions Protection From Harassment Act 1997 Political Protest Injunctions Against Protest Groups

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Parties

The Chancellor, Masters and Scholars of the University of Oxford (The University of Oxford)

Claimant/respondent

David Holmes, Registrar of the University of Oxford (for and on behalf of the employees and members of the University)

Claimant/respondent

Jennifer Gregory (for and on behalf of the employees and shareholders of the contractors, sub-contractors and suppliers of the University)

Claimant/respondent

Mel Broughton

Defendant

John Curtin

Defendant

Robert Cogswell

Defendant

SPEAK Campaigns

Fourth Defendant/applicant

Stop Primate Experiments at Cambridge ("SPEAC")

Defendant

Stop Huntington Animal Cruelty ("SHAC")

Defendant

Oxford Animal Rights Group

Defendant

People Against Cruelty to Animals - West Midlands

Defendant

West Midlands Animal Action

Defendant

Animal Liberation Front ("ALF")

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (adjourned)

Legal Issues

  1. 1 Whether relief under the Protection from Harassment Act 1997 is available for large groups of unnamed persons represented by a single claimant under CPR 19.6
  2. 2 Whether relief under the Act is available against unincorporated associations sued on behalf of thousands of unnamed persons under CPR 19.6
  3. 3 Whether relief under the Act is available to prevent political protest and public demonstration outside claimants' premises

Ratio Decidendi

The application for permission to appeal raises issues of general importance that may merit consideration by the Court of Appeal, but the court is not persuaded there is a real prospect of success at this stage. The application is adjourned to be listed on notice to the respondents, with the appeal to follow if permission is granted.

Court Disposition

Application for permission to appeal adjourned to an on-notice application; appeal to follow if permission granted; costs reserved.

Orders

  • Application for permission to appeal adjourned to an on-notice application.
  • Civil Appeals Office to refer papers to the Attorney-General for consideration and possible appearance as amicus curiae.