North Warwickshire Borough Council v Defendants Listed at Schedule A [2024] EWHC 2254 (KB) (06 September 2024)

North Warwickshire Borough Council v Defendants Listed at Schedule A [2024] EWHC 2254 (KB) (06 September 2024)

The Council has standing and statutory power to seek injunctive relief to restrain public nuisance and criminal conduct at and around Kingsbury Oil Terminal. The evidence establishes a compelling need for the injunction due to significant disruption, risk to public safety, and inadequacy of alternative remedies. The restriction of Article 10 and 11 rights is justified and proportionate in light of the scale and nature of the protest activity, the risks posed, and the legitimate aims pursued. Injunctive relief is appropriate against both named and persons unknown defendants, with terms reflecting the necessity and proportionality requirements under the Human Rights Act and recent Supreme...

Citation
[2024] EWHC 2254 (KB)
Parties
Claimant: North Warwickshire Borough Council; Defendants: The Defendants listed at Schedule A to this Judgment; Defendant: Ms Alison Lee (8th Defendant); Defendant: Ms Joanna Hindley (78th Defendant); Defendant: Ms Chloe Naldrett (115th Defendant)
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Claim for Injunction (civil) / Final Judgment After Trial
Outcome
Final injunction granted against named and persons unknown defendants as set out in the judgment.
Legal Topics
Injunctions, Public Nuisance, Protest Law, Local Authority Powers, Human Rights Act 1998, Police, Crime, Sentencing and Courts Act 2022, Public Order Act 2023
Public Law Civil Procedure Human Rights Injunctions Public Nuisance Protest Law Local Authority Powers Human Rights Act 1998 +2 more

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Parties

North Warwickshire Borough Council

Claimant

The Defendants listed at Schedule A to this Judgment

Defendants

Ms Alison Lee (8th Defendant)

Defendant

Ms Joanna Hindley (78th Defendant)

Defendant

Ms Chloe Naldrett (115th Defendant)

Defendant

Procedural Posture

Claim for Injunction (civil) / Final Judgment After Trial

Legal Issues

  1. 1 Does the Council have standing to bring proceedings for injunctive relief?
  2. 2 Are the causes of action (public nuisance, breach of criminal law) established?
  3. 3 Is restriction of Article 10 and 11 ECHR rights of protesters justified and proportionate?

Ratio Decidendi

The Council has standing and statutory power to seek injunctive relief to restrain public nuisance and criminal conduct at and around Kingsbury Oil Terminal. The evidence establishes a compelling need for the injunction due to significant disruption, risk to public safety, and inadequacy of alternative remedies. The restriction of Article 10 and 11 rights is justified and proportionate in light of the scale and nature of the protest activity, the risks posed, and the legitimate aims pursued. Injunctive relief is appropriate against both named and persons unknown defendants, with terms reflecting the necessity and proportionality requirements under the Human Rights Act and recent Supreme...

Court Disposition

Final injunction granted against named and persons unknown defendants as set out in the judgment.

Orders

  • Defendants are restrained from organising, participating in, or encouraging protest activity at Kingsbury Oil Terminal and its locality as specified in the order.
  • Power of arrest attached to the injunction as appropriate.