Exolum Pipeline System Limited & ORS v Persons Unknown

Exolum Pipeline System Limited & ORS v Persons Unknown

There is a compelling need for the injunction to continue due to the risk of disruptive and dangerous protest activity at the claimants' terminals, and the claimants have complied with procedural requirements to protect Convention rights.

Parties
Claimant: Exolum Pipeline System Limited & Ors; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
14 June 2024
Procedural Posture
Injunction Review / Second Review of Interim Injunction
Outcome
injunction continued
Legal Topics
Newcomer Injunctions, Protest Law, Balance of Convenience, Compelling Need, Article 10 and 11 ECHR
Civil Procedure Injunctive Relief Human Rights Newcomer Injunctions Protest Law Balance of Convenience Compelling Need Article 10 and 11 ECHR

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Parties

Exolum Pipeline System Limited & Ors

Claimant

Persons Unknown

Defendant

Procedural Posture

Injunction Review / Second Review of Interim Injunction

Legal Issues

  1. 1 Should the newcomer injunction against persons unknown be continued?
  2. 2 Is there a compelling need for the injunction in light of protester activity?
  3. 3 Are the procedural and notice requirements sufficient to protect Convention rights?

Ratio Decidendi

There is a compelling need for the injunction to continue due to the risk of disruptive and dangerous protest activity at the claimants' terminals, and the claimants have complied with procedural requirements to protect Convention rights.

Court Disposition

injunction continued

Orders

  • The injunction is to continue in force until the next review.
  • The next review will be listed on the first available date after 20 February 2025.