Gitto Estates Ltd t/a Horizon Properties v Persons Unknown [2021] EWHC 1997 (QB) (13 July 2021)

Gitto Estates Ltd t/a Horizon Properties v Persons Unknown [2021] EWHC 1997 (QB) (13 July 2021)

An interim injunction is granted only against clearly identified unlawful conduct (entry and threats, graffitiing property, spitting and throwing projectiles at property) and only against defendants identified by such conduct or by photograph, as broader terms or identification would be disproportionate and insufficiently precise given the engagement of protest rights under Articles 10 and 11 ECHR.

Citation
[2021] EWHC 1997 (QB)
Parties
Claimant: Gitto Estates Ltd T/A Horizon Properties; Defendant: Persons Unknown; Interested Party: Acorn UK Ltd
Jurisdiction
England and Wales
Judgment Date
13 July 2021
Procedural Posture
Interim Injunction Application / Interlocutory Hearing
Outcome
Interim injunction granted in part
Legal Topics
Interim Injunctions, Right to Protest, Articles 10 and 11 ECHR, Persons Unknown, Proportionality, Service of Process
Civil Procedure Human Rights Property Law Interim Injunctions Right to Protest Articles 10 and 11 ECHR Persons Unknown Proportionality +1 more

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Parties

Gitto Estates Ltd T/A Horizon Properties

Claimant

Persons Unknown

Defendant

Acorn UK Ltd

Interested Party

Procedural Posture

Interim Injunction Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether an interim injunction should be granted against persons unknown restricting protest activities at the claimant's premises
  2. 2 Whether the proposed injunction terms are proportionate and sufficiently precise given the engagement of Articles 10 and 11 ECHR
  3. 3 Whether the defendants are properly identified in accordance with Canada Goose principles

Ratio Decidendi

An interim injunction is granted only against clearly identified unlawful conduct (entry and threats, graffitiing property, spitting and throwing projectiles at property) and only against defendants identified by such conduct or by photograph, as broader terms or identification would be disproportionate and insufficiently precise given the engagement of protest rights under Articles 10 and 11 ECHR.

Court Disposition

Interim injunction granted in part

Orders

  • Injunction prohibiting entry onto claimant's property and threatening staff, graffitiing claimant's property, spitting and throwing projectiles at claimant's property; defendants identified by conduct or photograph; service deemed satisfactory; further identified person to be served.