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 may be granted only to prohibit clearly unlawful conduct (entry onto claimant's property and threatening staff, graffitiing claimant's property, spitting and throwing projectiles at claimant's property), as these acts are not protected by Articles 10 and 11 ECHR. The injunction must be sufficiently precise and defendants must be identified by reference to unlawful conduct, not mere association with a protest group. Broader prohibitions or vague definitions would be disproportionate and unlawful.

Citation
[2021] EWHC 1997
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 / Interim Application Hearing and Judgment
Outcome
Interim injunction granted in limited terms
Legal Topics
Interim Injunctions, Protest Rights, Articles 10 and 11 ECHR, Proportionality, Persons Unknown Defendants
Civil Procedure Human Rights Property Law Interim Injunctions Protest Rights Articles 10 and 11 ECHR Proportionality Persons Unknown Defendants

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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 / Interim Application Hearing and Judgment

Legal Issues

  1. 1 Whether an interim injunction should be granted against persons unknown in relation to protests at the claimant's property
  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 sufficiently identified for the purposes of an injunction

Ratio Decidendi

An interim injunction may be granted only to prohibit clearly unlawful conduct (entry onto claimant's property and threatening staff, graffitiing claimant's property, spitting and throwing projectiles at claimant's property), as these acts are not protected by Articles 10 and 11 ECHR. The injunction must be sufficiently precise and defendants must be identified by reference to unlawful conduct, not mere association with a protest group. Broader prohibitions or vague definitions would be disproportionate and unlawful.

Court Disposition

Interim injunction granted in limited terms

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 reference to unlawful conduct and, where possible, by photograph