The National Highways Limited v Persons Unknown & Anor.

The National Highways Limited v Persons Unknown & Anor.

The injunction is extended against defendants unwilling to provide undertakings, based on ongoing real and imminent risk of disruptive protest. Defendants who provide undertakings are released from the injunction and future costs liability. Amendments to the schedule are permitted. Alternative service provisions are justified due to widespread constructive knowledge and impracticability of personal service. Costs awarded to claimant, subject to detailed assessment. Third party disclosure order not continued without further submissions.

Parties
Claimant: National Highways Limited; Defendant: Persons Unknown; Defendant: Alexander Roger and 139 Others
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Post Appeal Review of Injunctive Relief
Outcome
injunction extended against non-undertaking defendants; released for undertaking signatories; amendments to schedule allowed; alternative service permitted; costs awarded to claimant; third party disclosure order suspended pending submissions
Legal Topics
Injunctions, Public Nuisance, Private Nuisance, Trespass, Protest Law, Costs, Service of Process, Third Party Disclosure
Civil Procedure Public Law Tort Law Injunctions Public Nuisance Private Nuisance Trespass Protest Law +3 more

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Parties

National Highways Limited

Claimant

Persons Unknown

Defendant

Alexander Roger and 139 Others

Defendant

Procedural Posture

Civil / Post Appeal Review of Injunctive Relief

Legal Issues

  1. 1 Should the injunction against protestors on the strategic road network be extended?
  2. 2 Should amendments to the schedule of defendants be permitted?
  3. 3 Should alternative service provisions be allowed?

Ratio Decidendi

The injunction is extended against defendants unwilling to provide undertakings, based on ongoing real and imminent risk of disruptive protest. Defendants who provide undertakings are released from the injunction and future costs liability. Amendments to the schedule are permitted. Alternative service provisions are justified due to widespread constructive knowledge and impracticability of personal service. Costs awarded to claimant, subject to detailed assessment. Third party disclosure order not continued without further submissions.

Court Disposition

injunction extended against non-undertaking defendants; released for undertaking signatories; amendments to schedule allowed; alternative service permitted; costs awarded to claimant; third party disclosure order suspended pending submissions

Orders

  • Injunction extended for one year against defendants not providing undertakings, with review before expiry.
  • Defendants who sign undertakings removed from injunction and released from future costs liability.