Transport for London v Persons Unknown & Ors

Transport for London v Persons Unknown & Ors

There is a real and imminent risk that, absent an injunction, the remaining named defendants and persons unknown will engage in disruptive protest by blocking specified roads, causing grave and irreparable harm not adequately remedied by damages. The injunction sought is prescribed by law, pursues a legitimate aim, is necessary and proportionate, and strikes a fair balance between the defendants’ rights under Articles 10 and 11 ECHR and the rights of others. The requirements for anticipatory injunctions against persons unknown are satisfied. The injunction is granted, subject to modifications to avoid duplication with existing orders.

Parties
Claimant: Transport for London; Defendant: Persons Unknown; Defendant: Ms Alyson Lee and 167 Others
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Injunction / Final Judgment After Trial
Outcome
Final injunction granted (with modifications)
Legal Topics
Anticipatory Injunctions, Public Nuisance, Private Nuisance, Trespass to Land, Protest Law, Freedom of Expression, Freedom of Assembly
Civil Procedure Public Law Human Rights Anticipatory Injunctions Public Nuisance Private Nuisance Trespass to Land Protest Law +2 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 against named defendants and persons unknown to restrain disruptive protest on specified roads.
  2. 2 Whether the requirements for anticipatory injunctions against persons unknown are met.
  3. 3 Whether the injunction sought is proportionate and compatible with Articles 10 and 11 ECHR.

Ratio Decidendi

There is a real and imminent risk that, absent an injunction, the remaining named defendants and persons unknown will engage in disruptive protest by blocking specified roads, causing grave and irreparable harm not adequately remedied by damages. The injunction sought is prescribed by law, pursues a legitimate aim, is necessary and proportionate, and strikes a fair balance between the defendants’ rights under Articles 10 and 11 ECHR and the rights of others. The requirements for anticipatory injunctions against persons unknown are satisfied. The injunction is granted, subject to modifications to avoid duplication with existing orders.

Court Disposition

Final injunction granted (with modifications)

Orders

  • A final injunction is granted against the remaining named defendants and persons unknown restraining the blocking, slowing down, obstructing, or otherwise interfering with access to or the flow of traffic on twenty-three specified roads or junctions for the purpose of protesting, except for slow marching.
  • For named defendants already subject to the Insulate Britain order, the injunction is confined to six locations not covered by that order.