Shell UK Limited v Persons Unknown & Ors

Shell UK Limited v Persons Unknown & Ors

The court found that the claimants satisfied all legal and procedural requirements for final injunctions: there was a compelling need, a real and imminent risk of future tortious interference, and damages would not be an adequate remedy. The injunctions were necessary and proportionate, with terms limited to unlawful conduct and explicit exemptions for lawful protest. The Aarhus Convention, while relevant to proportionality, did not bar the relief sought as it does not authorise unlawful acts. The balance of convenience and fair balance under ECHR and common law strongly favoured the claimants. The orders include safeguards: annual review, right to vary or set aside, and alternative...

Parties
Claimant: Shell U.K. Limited; Claimant: Shell International Petroleum Company Limited; Claimant: Shell U.K. Oil Products Limited; Defendant: Persons Unknown entering or remaining at Shell Haven, Stanford-le-Hope; Defendant: Persons Unknown entering or remaining in or on Shell Centre Tower, Belvedere Road, London; 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; Defendant: Other named defendants (Claim 3)
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Civil (injunctions, Multi Party, Protest) / Final Judgment on Applications for Final Injunctions
Outcome
Final injunctions granted in all three claims; application to remove third defendant in Claim 3 granted; duration of orders set at 5 years; alternative service orders granted; no order as to costs against named defendants in Claim 3.
Legal Topics
Injunctions Against Persons Unknown, Protest Law, Trespass, Nuisance, Conspiracy to Injure, Aarhus Convention, ECHR Articles 9, 10, 11, Proportionality, Public Order Act 2023, Civil and Criminal Law Overlap
Civil Procedure Tort Law Human Rights Law Environmental Law Injunctions Against Persons Unknown Protest Law Trespass Nuisance +6 more

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Parties

Shell U.K. Limited

Claimant

Shell International Petroleum Company Limited

Claimant

Shell U.K. Oil Products Limited

Claimant

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

Defendant

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

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

Defendant

Other named defendants (Claim 3)

Defendant

Procedural Posture

Civil (injunctions, Multi Party, Protest) / Final Judgment on Applications for Final Injunctions

Legal Issues

  1. 1 Whether to grant final injunctions against persons unknown and named environmental protesters for direct action against Shell sites
  2. 2 Whether the duration of final orders should be 5 years
  3. 3 Whether alternative service orders should be granted

Ratio Decidendi

The court found that the claimants satisfied all legal and procedural requirements for final injunctions: there was a compelling need, a real and imminent risk of future tortious interference, and damages would not be an adequate remedy. The injunctions were necessary and proportionate, with terms limited to unlawful conduct and explicit exemptions for lawful protest. The Aarhus Convention, while relevant to proportionality, did not bar the relief sought as it does not authorise unlawful acts. The balance of convenience and fair balance under ECHR and common law strongly favoured the claimants. The orders include safeguards: annual review, right to vary or set aside, and alternative...

Court Disposition

Final injunctions granted in all three claims; application to remove third defendant in Claim 3 granted; duration of orders set at 5 years; alternative service orders granted; no order as to costs against named defendants in Claim 3.

Orders

  • Final injunctions against persons unknown and named defendants in Claims 1, 2, and 3 for 5 years, with annual review and right to vary or set aside.
  • Alternative service provisions authorised for all orders.