Three Counties Agricultural Society v Persons Unknown & Ors.

Three Counties Agricultural Society v Persons Unknown & Ors.

An injunction is justified and proportionate to prevent unlawful trespass and nuisance at the Expo, given evidence of previous disruptive conduct and imminent risk. The terms are sufficiently precise, target unlawful activity, and strike a fair balance between the rights of protestors and the claimant. Lawful protest is expressly not prohibited.

Parties
Claimant: Three Counties Agricultural Society; Defendant: Persons Unknown and Others; Interested Person: Campaign Against the Arms Trade (CAAT); Interested Person: Sian Aubrey
Jurisdiction
England and Wales
Judgment Date
26 October 2022
Procedural Posture
Precautionary Injunction (quia Timet) Application / Interim Injunction Hearing
Outcome
Injunction granted as sought by the Claimant, with modifications.
Legal Topics
Precautionary Injunctions, Trespass, Nuisance, Freedom of Expression, Freedom of Assembly, Protest Law, Persons Unknown, Balancing Rights, Proportionality
Civil Procedure Human Rights Tort Law Precautionary Injunctions Trespass Nuisance Freedom of Expression Freedom of Assembly +4 more

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Parties

Three Counties Agricultural Society

Claimant

Persons Unknown and Others

Defendant

Campaign Against the Arms Trade (CAAT)

Interested Person

Sian Aubrey

Interested Person

Procedural Posture

Precautionary Injunction (quia Timet) Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether a precautionary injunction should be granted against persons unknown to prevent trespass and nuisance at the Three Counties Defence and Security Expo
  2. 2 Whether the injunction unlawfully interferes with rights to protest under Articles 10 and 11 ECHR
  3. 3 Whether the injunction terms are proportionate and sufficiently precise

Ratio Decidendi

An injunction is justified and proportionate to prevent unlawful trespass and nuisance at the Expo, given evidence of previous disruptive conduct and imminent risk. The terms are sufficiently precise, target unlawful activity, and strike a fair balance between the rights of protestors and the claimant. Lawful protest is expressly not prohibited.

Court Disposition

Injunction granted as sought by the Claimant, with modifications.

Orders

  • Defendants forbidden from entering or remaining upon the Three Counties Land.
  • Defendants forbidden from obstructing movement of vehicles, equipment or persons accessing or egressing the Three Counties Land.