Cardiff University v Persons Unknown [2025] EWHC 3584 (KB) (13 June 2025)

Cardiff University v Persons Unknown [2025] EWHC 3584 (KB) (13 June 2025)

The University demonstrated a compelling need for injunctive relief to prevent further trespass and nuisance by unidentified protestors, based on repeated disruptive incidents, ongoing risk, and the inadequacy of alternative remedies. The injunction is necessary and proportionate, limited to specific land, and includes procedural safeguards. The University's property rights outweigh the protestors' Article 10 and 11 rights in this context, as the acts involved trespass and serious disruption. The possession claim is adjourned generally to preserve costs and procedural efficiency.

Citation
[2025] EWHC 3584 (KB)
Parties
Claimant: Cardiff University; Defendant: Persons Unknown; Interested Party: Mr Lawrence; Intervenor: European Legal Support Centre
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Civil (injunction and Possession) / Judgment on Application for Interim and Final Injunction; Possession Claim Adjourned
Outcome
Injunction granted against persons unknown; possession claim adjourned generally.
Legal Topics
Injunctions Against Persons Unknown, Trespass, Private Nuisance, Freedom of Expression, Freedom of Assembly, University Property Rights, Protest Law
Civil Procedure Property Law Human Rights Injunctions Against Persons Unknown Trespass Private Nuisance Freedom of Expression Freedom of Assembly +2 more

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Parties

Cardiff University

Claimant

Persons Unknown

Defendant

Mr Lawrence

Interested Party

European Legal Support Centre

Intervenor

Procedural Posture

Civil (injunction and Possession) / Judgment on Application for Interim and Final Injunction; Possession Claim Adjourned

Legal Issues

  1. 1 Whether the claimant is entitled to injunctive relief against persons unknown to restrain trespass and nuisance on university land
  2. 2 Whether the proposed injunction is proportionate and compatible with Articles 10 and 11 ECHR (freedom of expression and assembly)
  3. 3 Whether the procedural requirements for injunctions against persons unknown are satisfied

Ratio Decidendi

The University demonstrated a compelling need for injunctive relief to prevent further trespass and nuisance by unidentified protestors, based on repeated disruptive incidents, ongoing risk, and the inadequacy of alternative remedies. The injunction is necessary and proportionate, limited to specific land, and includes procedural safeguards. The University's property rights outweigh the protestors' Article 10 and 11 rights in this context, as the acts involved trespass and serious disruption. The possession claim is adjourned generally to preserve costs and procedural efficiency.

Court Disposition

Injunction granted against persons unknown; possession claim adjourned generally.

Orders

  • Defendants (persons unknown) are prohibited from entering, occupying, or remaining on specified university land for protest without consent.
  • Defendants are prohibited from directly blocking, obstructing, or interfering with access to the land with intent to stop access.