Manchester Airport Plc And Others v Persons Unknown [2024] EWHC 2247 (KB) (24 July 2024)

Manchester Airport Plc And Others v Persons Unknown [2024] EWHC 2247 (KB) (24 July 2024)

There is a compelling need for an injunction to prevent imminent, disruptive, and potentially unlawful protests at airports, given the inadequacy of criminal law and byelaws to prevent such conduct, the significant security and operational risks posed, and the proportionality of the relief sought in light of the evidence and the balancing of ECHR rights.

Citation
[2024] EWHC 2247 (KB)
Parties
Claimant: Manchester Airport PLC and Others; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Injunction Application (civil) / Without Notice, Ex Parte Hearing, Interim Injunction
Outcome
Injunction granted
Legal Topics
Interim Injunctions, Persons Unknown, Trespass, Protest Law, Airport Security, Human Rights (articles 10 and 11 Echr)
Civil Procedure Property Law Human Rights Interim Injunctions Persons Unknown Trespass Protest Law Airport Security +1 more

Case Brief

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Parties

Manchester Airport PLC and Others

Claimant

Persons Unknown

Defendant

Procedural Posture

Injunction Application (civil) / Without Notice, Ex Parte Hearing, Interim Injunction

Legal Issues

  1. 1 Whether there is a compelling need for an injunction against persons unknown to prevent disruptive protests at airports
  2. 2 Whether the injunction is necessary and proportionate in light of claimants' property rights and the rights of protestors under Articles 10 and 11 ECHR
  3. 3 Whether the claimants have sufficient interest in the land to seek the injunction

Ratio Decidendi

There is a compelling need for an injunction to prevent imminent, disruptive, and potentially unlawful protests at airports, given the inadequacy of criminal law and byelaws to prevent such conduct, the significant security and operational risks posed, and the proportionality of the relief sought in light of the evidence and the balancing of ECHR rights.

Court Disposition

Injunction granted

Orders

  • Interim injunction granted against persons unknown as defined, covering all identified airport land (Manchester, Stansted, East Midlands) for 12 months, subject to review.
  • Claimants to notify third parties with rights to possession.