UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors...

UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors...

The court granted interim injunctions (in reduced and clarified terms) restraining unlawful protest activities at the Horse Hill and Broadford Bridge sites, finding a real and imminent risk of further wrongful acts (trespass, obstruction, targeting suppliers) and that the balance of rights under the ECHR did not justify such infringements. The 'persons unknown' procedure was appropriate given the nature of the protest groups. The injunction was not granted in relation to the Head Office, and certain overbroad or unclear terms were refused to avoid chilling lawful protest.

Parties
Claimant: UK Oil & Gas Investments PLC; Claimant: Kimmeridge Oil & Gas Limited; Claimant: Magellan Petroleum (UK) Limited; Claimant: Horse Hill Developments Ltd; Claimant: UKOG (GB) Limited; Defendant: Persons Unknown (various protestor groups); Defendant: Ms Ann Stewart; Defendant: Ms Sue Jameson; Defendant: Ms Natasha Doane; Defendant: Ms Vicki Elcoate; Defendant: Ms Constance Whiston; Defendant: Ms Jacqui Hamlin; Defendant: Friends of the Earth Limited
Jurisdiction
England and Wales
Judgment Date
03 September 2018
Procedural Posture
Civil Application (interim Injunction) / Ruling on Interim Injunction Application
Outcome
Interim injunctions granted in part (Horse Hill and Broadford Bridge sites only); refused as to Head Office; terms of injunction narrowed and clarified.
Legal Topics
Interim Injunctions, Protest Law, Trespass, Public Nuisance, Economic Torts, Freedom of Expression, Freedom of Assembly
Civil Procedure Tort Law Human Rights Interim Injunctions Protest Law Trespass Public Nuisance Economic Torts +2 more

Case Brief

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Parties

UK Oil & Gas Investments PLC

Claimant

Kimmeridge Oil & Gas Limited

Claimant

Magellan Petroleum (UK) Limited

Claimant

Horse Hill Developments Ltd

Claimant

UKOG (GB) Limited

Claimant

Persons Unknown (various protestor groups)

Defendant

Ms Ann Stewart

Defendant

Ms Sue Jameson

Defendant

Ms Natasha Doane

Defendant

Ms Vicki Elcoate

Defendant

Ms Constance Whiston

Defendant

Ms Jacqui Hamlin

Defendant

Friends of the Earth Limited

Defendant

Procedural Posture

Civil Application (interim Injunction) / Ruling on Interim Injunction Application

Legal Issues

  1. 1 Whether interim injunctions should be granted against protestors (including persons unknown) at oil and gas exploration sites to restrain unlawful protest activities
  2. 2 Whether the use of 'persons unknown' procedure is appropriate and lawful in this context
  3. 3 Whether the terms of the proposed injunction are sufficiently clear, certain, and proportionate given the rights to protest under the Human Rights Act 1998

Ratio Decidendi

The court granted interim injunctions (in reduced and clarified terms) restraining unlawful protest activities at the Horse Hill and Broadford Bridge sites, finding a real and imminent risk of further wrongful acts (trespass, obstruction, targeting suppliers) and that the balance of rights under the ECHR did not justify such infringements. The 'persons unknown' procedure was appropriate given the nature of the protest groups. The injunction was not granted in relation to the Head Office, and certain overbroad or unclear terms were refused to avoid chilling lawful protest.

Court Disposition

Interim injunctions granted in part (Horse Hill and Broadford Bridge sites only); refused as to Head Office; terms of injunction narrowed and clarified.

Orders

  • Interim injunction restraining trespass, obstruction, slow walking, lorry surfing, and unlawful targeting of suppliers at Horse Hill and Broadford Bridge sites, in clarified terms.
  • No injunction granted in relation to the Head Office.