Transport for London v Persons Unknown & Ors [2023] EWHC 1201 (KB) (26 May 2023)

Transport for London v Persons Unknown & Ors [2023] EWHC 1201 (KB) (26 May 2023)

A final injunction is granted against the remaining named defendants and persons unknown, restraining specified protest activities on 23 strategic London roads, as the court is satisfied there is a strong probability of future breaches causing grave and irreparable harm, damages would be inadequate, and the injunction is a necessary and proportionate interference with Articles 10 and 11 ECHR rights. The order is limited for certain defendants already subject to overlapping injunctions and will last five years with annual review.

Citation
[2023] EWHC 1201 (KB)
Parties
Claimant: Transport for London; Defendant: Persons Unknown; Defendant: Ms Alyson Lee and 167 Others
Jurisdiction
England and Wales
Judgment Date
26 May 2023
Procedural Posture
Civil (injunction) / Final Judgment After Trial
Outcome
Final injunction granted against remaining named defendants and persons unknown, with modifications for those already subject to overlapping orders.
Legal Topics
Anticipatory Injunctions, Protest Law, Public Nuisance, Trespass, Private Nuisance, Freedom of Expression, Freedom of Assembly, Proportionality, Persons Unknown, Alternative Service
Civil Procedure Public Law Human Rights Anticipatory Injunctions Protest Law Public Nuisance Trespass Private Nuisance +5 more

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Parties

Transport for London

Claimant

Persons Unknown

Defendant

Ms Alyson Lee and 167 Others

Defendant

Procedural Posture

Civil (injunction) / Final Judgment After Trial

Legal Issues

  1. 1 Whether a final injunction should be granted restraining protest activity on specified roads by named defendants and persons unknown
  2. 2 Whether the requirements for anticipatory injunctions against persons unknown are met
  3. 3 Whether the injunction is a proportionate interference with Articles 10 and 11 ECHR rights

Ratio Decidendi

A final injunction is granted against the remaining named defendants and persons unknown, restraining specified protest activities on 23 strategic London roads, as the court is satisfied there is a strong probability of future breaches causing grave and irreparable harm, damages would be inadequate, and the injunction is a necessary and proportionate interference with Articles 10 and 11 ECHR rights. The order is limited for certain defendants already subject to overlapping injunctions and will last five years with annual review.

Court Disposition

Final injunction granted against remaining named defendants and persons unknown, with modifications for those already subject to overlapping orders.

Orders

  • Injunction restraining blocking, slowing down, obstructing, or interfering with access to or flow of traffic on 23 specified roads/junctions for protest purposes, except for slow marching.
  • Injunction to last five years from date of Insulate Britain order, with annual review and right to apply for variation/discharge.