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 finds that a moderately extended exclusion zone and comprehensive noise amplification ban are justified and proportionate to protect University staff and contractors from harassment and disruption, while permitting lawful protest within defined limits. Representative defendants are properly joined where evidence supports their role; individual joinder is struck out where unnecessary or unsupported. Restrictions on publication and photography are tailored to prevent intimidation but not unduly inhibit lawful protest or media response.

Citation
[2006] EWHC 1233 (QB)
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; 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
Interim Injunction and Case Management / Post Hearing, Final Judgment on Interim Relief
Outcome
Interim injunction granted with modifications; some defendants struck out; tailored orders issued.
Legal Topics
Injunctions, Harassment, Protest Regulation, Exclusion Zones, Noise Control, Representative Actions, Service of Orders
Civil Procedure Public Order Tort Injunctions Harassment Protest Regulation Exclusion Zones Noise Control +2 more

Case Brief

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Parties

The Chancellor, Masters and Scholars of the University of Oxford

Claimant

David Robert Holmes

Claimant

Jennifer Gregory

Claimant

Oxford University Fixed Assets Ltd

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

Interim Injunction and Case Management / Post Hearing, Final Judgment on Interim Relief

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to regulate protest activities near Oxford University's animal research laboratory
  2. 2 Whether exclusion zones and noise restrictions are proportionate and lawful
  3. 3 Whether representative defendants are properly joined

Ratio Decidendi

The Court finds that a moderately extended exclusion zone and comprehensive noise amplification ban are justified and proportionate to protect University staff and contractors from harassment and disruption, while permitting lawful protest within defined limits. Representative defendants are properly joined where evidence supports their role; individual joinder is struck out where unnecessary or unsupported. Restrictions on publication and photography are tailored to prevent intimidation but not unduly inhibit lawful protest or media response.

Court Disposition

Interim injunction granted with modifications; some defendants struck out; tailored orders issued.

Orders

  • Exclusion zone moderately extended as per judgment and Plan C.
  • Noise amplification devices banned within exclusion zone, Mansfield Road, and St. Cross Road, except for lawful assemblies under Public Order Act 1986.