Valero Energy Ltd & Ors v Persons Unknown & Ors

Valero Energy Ltd & Ors v Persons Unknown & Ors

The claimants established, on the balance of probabilities, a real and imminent threat of trespass and nuisance at their sites by persons connected with environmental protest groups. No realistic defence was available, including under ECHR protest rights, as the injunction was necessary and proportionate to protect critical infrastructure, health and safety, and property rights. The procedural and substantive requirements for a final injunction against persons unknown were satisfied. Accordingly, summary judgment and a quasi-final injunction (reviewable annually for five years) were granted.

Parties
Claimant: Valero Energy Ltd; Claimant: Valero Logistics UK Ltd; Claimant: Valero Pembrokeshire Oil Terminal Ltd; Defendant: Persons Unknown (environmental protestors); Defendant: Mrs Alice Brencher and 16 others
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (injunction/quia Timet Tort) / Final Hearing of Summary Judgment and Application for Final Injunction
Outcome
Summary judgment granted for claimants; final (quasi-final) injunction granted against named and unknown defendants for five years with annual review.
Legal Topics
Quia Timet Injunctions, Trespass, Nuisance, Public Order, Protest Law, Persons Unknown, Summary Judgment, Critical National Infrastructure
Civil Procedure Tort Law Human Rights Quia Timet Injunctions Trespass Nuisance Public Order Protest Law +3 more

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Parties

Valero Energy Ltd

Claimant

Valero Logistics UK Ltd

Claimant

Valero Pembrokeshire Oil Terminal Ltd

Claimant

Persons Unknown (environmental protestors)

Defendant

Mrs Alice Brencher and 16 others

Defendant

Procedural Posture

Civil (injunction/quia Timet Tort) / Final Hearing of Summary Judgment and Application for Final Injunction

Legal Issues

  1. 1 Whether summary judgment should be granted against named and unknown defendants for feared torts of trespass and nuisance at petrochemical sites
  2. 2 Whether a final injunction (quasi-final, reviewable) should be granted against persons unknown and named defendants to restrain tortious protest activity
  3. 3 Whether the terms, duration, and service of the injunction comply with legal requirements for orders against persons unknown

Ratio Decidendi

The claimants established, on the balance of probabilities, a real and imminent threat of trespass and nuisance at their sites by persons connected with environmental protest groups. No realistic defence was available, including under ECHR protest rights, as the injunction was necessary and proportionate to protect critical infrastructure, health and safety, and property rights. The procedural and substantive requirements for a final injunction against persons unknown were satisfied. Accordingly, summary judgment and a quasi-final injunction (reviewable annually for five years) were granted.

Court Disposition

Summary judgment granted for claimants; final (quasi-final) injunction granted against named and unknown defendants for five years with annual review.

Orders

  • Final injunction restraining trespass, nuisance, and related tortious protest activity at the eight sites and access roads for five years, subject to annual review.
  • Right for affected persons to apply to vary or discharge the injunction on short notice.