Olympic Delivery Authority v Persons Unknown

Olympic Delivery Authority v Persons Unknown

The protesters' conduct constitutes actionable private nuisance and may amount to public nuisance. The claimant's exclusive licence is sufficient interest to found a claim. The injunction sought is necessary and proportionate, balancing the rights under Articles 10 and 11 ECHR against the claimant's property rights. Damages are not an adequate remedy. The injunction is granted on a short-term basis to allow affected parties to seek legal advice and submit evidence.

Parties
Claimant: Olympic Delivery Authority; Defendant: Persons Unknown; Interested Party: K. Andrews; Interested Party: M. Doyle
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction
Outcome
Interim injunction granted until 18 April 2012
Legal Topics
Private Nuisance, Public Nuisance, Injunctions, Freedom of Expression, Freedom of Assembly, Proportionality, Exclusive Licence, Harassment, Intimidation
Tort Law Human Rights Law Property Law Private Nuisance Public Nuisance Injunctions Freedom of Expression Freedom of Assembly +4 more

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Parties

Olympic Delivery Authority

Claimant

Persons Unknown

Defendant

K. Andrews

Interested Party

M. Doyle

Interested Party

Procedural Posture

Application for Interim Injunction / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the conduct of protesters constitutes actionable private and public nuisance
  2. 2 Whether the claimant's exclusive licence is sufficient interest to found a claim in nuisance
  3. 3 Whether the injunction sought is proportionate given the engagement of Articles 10 and 11 ECHR

Ratio Decidendi

The protesters' conduct constitutes actionable private nuisance and may amount to public nuisance. The claimant's exclusive licence is sufficient interest to found a claim. The injunction sought is necessary and proportionate, balancing the rights under Articles 10 and 11 ECHR against the claimant's property rights. Damages are not an adequate remedy. The injunction is granted on a short-term basis to allow affected parties to seek legal advice and submit evidence.

Court Disposition

Interim injunction granted until 18 April 2012

Orders

  • Defendants must not obstruct, threaten, or incite obstruction of access to the ODA site via specified routes.
  • Defendants must not obstruct, threaten, or incite obstruction of construction or remediation works on the ODA site or surrounding park.