The Chancellor, Masters and Scholars of the University of Oxford & Ors v Broughton & Ors

The Chancellor, Masters and Scholars of the University of Oxford & Ors v Broughton & Ors

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

Parties
Claimant/respondent: The Chancellor, Masters and Scholars of the University of Oxford; Claimant/respondent: David Holmes, Registrar of the University of Oxford; Claimant/respondent: Jennifer Gregory; Defendant: Mel Broughton; Defendant: John Curtin; Defendant: Robert Cogswell; 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
Legal Topics
Representative Actions, Injunctions, Protection From Harassment, Political Protest
Civil Procedure Representative Actions Injunctions Protection From Harassment Political Protest

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Parties

The Chancellor, Masters and Scholars of the University of Oxford

Claimant/respondent

David Holmes, Registrar of the University of Oxford

Claimant/respondent

Jennifer Gregory

Claimant/respondent

Mel Broughton

Defendant

John Curtin

Defendant

Robert Cogswell

Defendant

SPEAK Campaigns

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 the claimants' premises

Ratio Decidendi

The application for permission to appeal raises points of general importance that may merit consideration by the Court of Appeal, but the judge is not persuaded there is a real prospect of success. 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

Orders

  • Application for permission to appeal adjourned to an on-notice application, with the appeal to follow if permission is granted.
  • Civil Appeals Office to refer papers to the Attorney-General for consideration and possible appearance as friend of the court.