National Highways Ltd v Persons Unknown & Ors [2023] EWHC 1073 (KB) (05 May 2023)

National Highways Ltd v Persons Unknown & Ors [2023] EWHC 1073 (KB) (05 May 2023)

The injunction is extended because there remains a real and imminent risk of further unlawful protest activity on the strategic road network by the defendants and associated groups. The evidence demonstrates ongoing threats and intentions to protest, and the injunction has acted as a deterrent. The balance of rights favours the continuation of the injunction to protect public safety and the functioning of the strategic road network. The requirements for anticipatory and final injunctions against both named and unknown defendants are met. Alternative service and third party disclosure are justified due to persistent difficulties in personal service. Costs are awarded to the claimant as the...

Citation
[2023] EWHC 1073 (KB)
Parties
Claimant: The National Highways Limited; Defendant: Persons Unknown; Defendant: Alexander Roger and 139 Others
Jurisdiction
England and Wales
Judgment Date
05 May 2023
Procedural Posture
Civil Injunction Application / Post Trial Review of Injunctive Relief and Related Orders
Outcome
Injunction extended; amendments to schedule and alternative service permitted; costs awarded to claimant; third party disclosure order continued.
Legal Topics
Anticipatory Injunctions, Protest Law, Public Nuisance, Trespass, Alternative Service, Costs Orders, Third Party Disclosure
Civil Procedure Public Law Tort Law Human Rights Anticipatory Injunctions Protest Law Public Nuisance Trespass +3 more

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Parties

The National Highways Limited

Claimant

Persons Unknown

Defendant

Alexander Roger and 139 Others

Defendant

Procedural Posture

Civil Injunction Application / Post Trial Review of Injunctive Relief and Related Orders

Legal Issues

  1. 1 Should the injunction against protestors be extended beyond its expiry?
  2. 2 Should amendments to the schedule of defendants be permitted?
  3. 3 Should alternative service be allowed?

Ratio Decidendi

The injunction is extended because there remains a real and imminent risk of further unlawful protest activity on the strategic road network by the defendants and associated groups. The evidence demonstrates ongoing threats and intentions to protest, and the injunction has acted as a deterrent. The balance of rights favours the continuation of the injunction to protect public safety and the functioning of the strategic road network. The requirements for anticipatory and final injunctions against both named and unknown defendants are met. Alternative service and third party disclosure are justified due to persistent difficulties in personal service. Costs are awarded to the claimant as the...

Court Disposition

Injunction extended; amendments to schedule and alternative service permitted; costs awarded to claimant; third party disclosure order continued.

Orders

  • The injunction against protest activity on the strategic road network is extended beyond 9 May 2023.
  • Amendments to the schedule of defendants are permitted.