Arla Foods Limited & Anor v Persons Unknown

Arla Foods Limited & Anor v Persons Unknown

The court granted final injunctions against the remaining identified defendant and persons unknown, finding a strong probability of future unlawful protest actions causing grave and irreparable harm to the claimants, that the injunction terms are proportionate and justified under Articles 10 and 11 ECHR, and that the Wolverhampton requirements for persons unknown injunctions are satisfied, including compelling justification, procedural safeguards, and strict temporal and territorial limits.

Parties
Claimant: Arla Foods Limited; Claimant: Arla Foods Hatfield Limited; Defendant: Persons Unknown (categories 1-6 as described in the claim); Defendant: 34 Named Defendants (listed at Schedule 1 of the Injunction Order)
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Part 8 Proceedings / Final Judgment Following Hearing
Outcome
Final injunctions granted against the remaining identified defendant and persons unknown; consent orders made for named defendants.
Legal Topics
Precautionary Injunctions, Trespass to Land, Public Nuisance, Obstruction of Highway, Freedom of Expression, Freedom of Assembly, Protest Law, Injunctions Against Persons Unknown
Civil Procedure Tort Law Human Rights Law Precautionary Injunctions Trespass to Land Public Nuisance Obstruction of Highway Freedom of Expression +3 more

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Parties

Arla Foods Limited

Claimant

Arla Foods Hatfield Limited

Claimant

Persons Unknown (categories 1-6 as described in the claim)

Defendant

34 Named Defendants (listed at Schedule 1 of the Injunction Order)

Defendant

Procedural Posture

Part 8 Proceedings / Final Judgment Following Hearing

Legal Issues

  1. 1 Whether a final injunction should be granted against named and unknown defendants to restrain unlawful protest actions at dairy sites
  2. 2 Whether the injunction terms are proportionate and justified under Articles 10 and 11 ECHR
  3. 3 Whether the requirements for injunctions against persons unknown as set out in Wolverhampton are satisfied

Ratio Decidendi

The court granted final injunctions against the remaining identified defendant and persons unknown, finding a strong probability of future unlawful protest actions causing grave and irreparable harm to the claimants, that the injunction terms are proportionate and justified under Articles 10 and 11 ECHR, and that the Wolverhampton requirements for persons unknown injunctions are satisfied, including compelling justification, procedural safeguards, and strict temporal and territorial limits.

Court Disposition

Final injunctions granted against the remaining identified defendant and persons unknown; consent orders made for named defendants.

Orders

  • Final injunction against the 40th defendant restraining trespass, obstruction, and public nuisance at the four sites.
  • Final injunction against persons unknown in categories 1-6 restraining specified unlawful protest actions at the four sites, for five years with annual review.