Valero Energy Ltd & Ors v Persons Unknown & Ors [2024] EWHC 134 (KB) (26 January 2024)

Valero Energy Ltd & Ors v Persons Unknown & Ors [2024] EWHC 134 (KB) (26 January 2024)

The court found that the claimants established a real and imminent risk of tortious trespass and nuisance by environmental protestors at their critical oil sites, that the defendants (named and unknown) had no real prospect of successfully defending the claim, and that a final injunction in the terms sought was just, proportionate, and necessary to protect the claimants' property, business operations, and public safety. The court granted summary judgment and a final injunction for five years with annual reviews, finding the terms did not unlawfully restrict lawful protest.

Citation
[2024] EWHC 134 (KB)
Parties
Claimant: Valero Energy Ltd; Claimant: Valero Logistics UK Ltd; Claimant: Valero Pembrokeshire Oil Terminal Ltd; Defendant: Persons Unknown (environmental protest movements); Defendant: Mrs Alice Brencher and 16 others
Jurisdiction
England and Wales
Judgment Date
26 January 2024
Procedural Posture
Civil (injunction, Summary Judgment) / Final Hearing of Application for Summary Judgment and Final Injunction
Outcome
Summary judgment granted for claimants; final injunction granted against named and unknown defendants for five years with annual reviews.
Legal Topics
Quia Timet Injunctions, Summary Judgment, Trespass, Nuisance, Persons Unknown, Environmental Protests
Civil Procedure Tort Law Property Law Quia Timet Injunctions Summary Judgment Trespass Nuisance Persons Unknown +1 more

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Parties

Valero Energy Ltd

Claimant

Valero Logistics UK Ltd

Claimant

Valero Pembrokeshire Oil Terminal Ltd

Claimant

Persons Unknown (environmental protest movements)

Defendant

Mrs Alice Brencher and 16 others

Defendant

Procedural Posture

Civil (injunction, Summary Judgment) / Final Hearing of Application for Summary Judgment and Final Injunction

Legal Issues

  1. 1 Whether summary judgment should be granted against named and unknown defendants for threatened trespass and nuisance at claimants' oil sites
  2. 2 Whether a final injunction should be granted against environmental protestors (including persons unknown) to restrain tortious conduct at critical infrastructure sites
  3. 3 Whether the terms of the injunction sought are just, proportionate, and compliant with legal principles for quia timet relief

Ratio Decidendi

The court found that the claimants established a real and imminent risk of tortious trespass and nuisance by environmental protestors at their critical oil sites, that the defendants (named and unknown) had no real prospect of successfully defending the claim, and that a final injunction in the terms sought was just, proportionate, and necessary to protect the claimants' property, business operations, and public safety. The court granted summary judgment and a final injunction for five years with annual reviews, finding the terms did not unlawfully restrict lawful protest.

Court Disposition

Summary judgment granted for claimants; final injunction granted against named and unknown defendants for five years with annual reviews.

Orders

  • Final injunction restraining trespass, nuisance, and obstruction at the eight specified oil sites and access roads for five years, subject to annual review.
  • Ancillary orders amending party names, deleting wrongly added defendants, and clarifying service and drafting defects.