Shell UK Limited v Persons Unknown

Shell UK Limited v Persons Unknown

The court held that the extension and variation of the three injunctions was justified due to ongoing and imminent risk of tortious protest activity, the orders were sufficiently clear, proportionate, and necessary to protect the Claimants' rights, and all procedural requirements for alternative service and third party disclosure were met. Ms Branch was permitted to make submissions under CPR 40.9 as directly affected. The amendments to the definition of Persons Unknown were allowed. The orders were extended for up to one year, subject to modifications for clarity and scope.

Parties
Claimant: Shell UK Limited; Claimant: Shell International Petroleum Limited; Claimant: Shell UK 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 the use of or access to any Shell petrol station in England and Wales; Interested Party: Jessica Branch
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (injunction/interim Relief) / Post Interim Injunction, Application for Extension and Variation
Outcome
Applications granted
Legal Topics
Interim Injunctions, Persons Unknown Proceedings, Trespass, Private Nuisance, Conspiracy to Injure, Protest Law, Alternative Service, Third Party Disclosure, Human Rights Act, Freedom of Expression and Assembly
Civil Procedure Tort Law Human Rights Interim Injunctions Persons Unknown Proceedings Trespass Private Nuisance Conspiracy to Injure +5 more

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Parties

Shell UK Limited

Claimant

Shell International Petroleum Limited

Claimant

Shell UK 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 the use of or access to any Shell petrol station in England and Wales

Defendant

Jessica Branch

Interested Party

Procedural Posture

Civil (injunction/interim Relief) / Post Interim Injunction, Application for Extension and Variation

Legal Issues

  1. 1 Whether to permit Ms Branch to make submissions under CPR 40.9
  2. 2 Whether to amend the description of Persons Unknown Defendants
  3. 3 Whether to extend three injunctions for up to a further year

Ratio Decidendi

The court held that the extension and variation of the three injunctions was justified due to ongoing and imminent risk of tortious protest activity, the orders were sufficiently clear, proportionate, and necessary to protect the Claimants' rights, and all procedural requirements for alternative service and third party disclosure were met. Ms Branch was permitted to make submissions under CPR 40.9 as directly affected. The amendments to the definition of Persons Unknown were allowed. The orders were extended for up to one year, subject to modifications for clarity and scope.

Court Disposition

Applications granted

Orders

  • Ms Branch permitted to apply under CPR 40.9 and submissions considered
  • Claimant in petrol stations claim granted permission to amend description of Persons Unknown Defendant