Shell UK Ltd v Persons Unknown [2024] EWHC 3130 (KB) (05 December 2024)

Shell UK Ltd v Persons Unknown [2024] EWHC 3130 (KB) (05 December 2024)

The court held that Shell established clear causes of action in trespass, nuisance, and conspiracy to injure, supported by compelling evidence of past and threatened unlawful protest activity. The court found a strong probability of future tortious conduct causing real harm, justifying final injunctive relief. The terms of the injunctions were sufficiently clear, precise, and proportionate, targeting only unlawful conduct and not prohibiting lawful protest. The Aarhus Convention, while relevant to the court's discretion, does not prevent the grant of civil injunctions to protect property and commercial rights where necessary and proportionate. The balance of convenience and justice...

Citation
[2024] EWHC 3130 (KB)
Parties
Claimant: Shell U.K. Limited; Defendant: Persons Unknown entering or remaining at Shell Haven, Stanford-le-Hope; Claimant: Shell International Petroleum Company Limited; Defendant: Persons Unknown entering or remaining in or on Shell Centre Tower, Belvedere Road, London; Claimant: Shell U.K. Oil Products Limited; Defendant: Persons Unknown damaging and/or blocking use of or access to any Shell petrol station in England and Wales; Defendant: Emma Ireland; Defendant: Charles Philip Laurie
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Civil (injunctions, Multi Claim, Protest) / Final Judgment After Contested Hearing
Outcome
Final injunctions granted in all three claims; application to remove third defendant in Claim 3 allowed; no order as to costs against named defendants in Claim 3.
Legal Topics
Injunctions Against Persons Unknown, Environmental Protest, Trespass, Nuisance (public and Private), Conspiracy to Injure, Freedom of Expression and Assembly, Aarhus Convention, Proportionality of Remedies
Civil Procedure Tort Law Human Rights Law Environmental Law Injunctions Against Persons Unknown Environmental Protest Trespass Nuisance (public and Private) +4 more

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Parties

Shell U.K. Limited

Claimant

Persons Unknown entering or remaining at Shell Haven, Stanford-le-Hope

Defendant

Shell International Petroleum Company Limited

Claimant

Persons Unknown entering or remaining in or on Shell Centre Tower, Belvedere Road, London

Defendant

Shell U.K. Oil Products Limited

Claimant

Persons Unknown damaging and/or blocking use of or access to any Shell petrol station in England and Wales

Defendant

Emma Ireland

Defendant

Charles Philip Laurie

Defendant

Procedural Posture

Civil (injunctions, Multi Claim, Protest) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether final injunctions should be granted against persons unknown and named defendants for protest actions at Shell sites
  2. 2 Whether the Aarhus Convention prohibits or limits such injunctions in the context of environmental protest
  3. 3 Whether the terms, duration, and service of the injunctions are just, proportionate, and lawful

Ratio Decidendi

The court held that Shell established clear causes of action in trespass, nuisance, and conspiracy to injure, supported by compelling evidence of past and threatened unlawful protest activity. The court found a strong probability of future tortious conduct causing real harm, justifying final injunctive relief. The terms of the injunctions were sufficiently clear, precise, and proportionate, targeting only unlawful conduct and not prohibiting lawful protest. The Aarhus Convention, while relevant to the court's discretion, does not prevent the grant of civil injunctions to protect property and commercial rights where necessary and proportionate. The balance of convenience and justice...

Court Disposition

Final injunctions granted in all three claims; application to remove third defendant in Claim 3 allowed; no order as to costs against named defendants in Claim 3.

Orders

  • Final injunctions granted against persons unknown and named defendants in terms set out in the judgment and schedules.
  • Duration of injunctions set at 5 years from date of order.