UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors... [2018] EWHC 2252 (Ch) (03 September 2018)

UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors... [2018] EWHC 2252 (Ch) (03 September 2018)

The evidence demonstrates a real and imminent risk of further unlawful direct action by protestors at the claimants' sites, justifying the grant of interim injunctions against both named and unknown defendants. The injunctions are limited to restraining unlawful conduct and do not prohibit lawful protest. The use of the persons unknown procedure is appropriate given the nature of the threatened acts and the inability to identify all potential wrongdoers. The relief sought is proportionate and compatible with the Human Rights Act 1998.

Citation
[2018] EWHC 2252 (Ch)
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
Interim Injunction Application (civil) / Hearing and Determination of Interim Relief Pending Trial
Outcome
Interim injunctions granted against protestors (including persons unknown) to restrain specified unlawful acts at the claimants' sites and headquarters.
Legal Topics
Interim Injunctions, Trespass, Public Nuisance, Economic Torts, Protest Law, Human Rights Act 1998, Persons Unknown Procedure
Civil Procedure Property Law Tort Law Human Rights Interim Injunctions Trespass Public Nuisance Economic Torts +3 more

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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

Interim Injunction Application (civil) / Hearing and Determination of Interim Relief Pending Trial

Legal Issues

  1. 1 Whether interim injunctions should be granted against protestors (including persons unknown) to restrain unlawful direct action at oil and gas sites and headquarters.
  2. 2 Whether the use of the 'persons unknown' procedure is appropriate in this context.
  3. 3 Whether the injunctions sought are compatible with rights to lawful protest under the Human Rights Act 1998.

Ratio Decidendi

The evidence demonstrates a real and imminent risk of further unlawful direct action by protestors at the claimants' sites, justifying the grant of interim injunctions against both named and unknown defendants. The injunctions are limited to restraining unlawful conduct and do not prohibit lawful protest. The use of the persons unknown procedure is appropriate given the nature of the threatened acts and the inability to identify all potential wrongdoers. The relief sought is proportionate and compatible with the Human Rights Act 1998.

Court Disposition

Interim injunctions granted against protestors (including persons unknown) to restrain specified unlawful acts at the claimants' sites and headquarters.

Orders

  • Interim injunctions restraining trespass, obstruction, intimidation, interference with economic interests, and other specified unlawful acts at the Horse Hill and Broadford Bridge sites and UKOG's head office.
  • No order for costs as between Friends of the Earth and the claimants (provisional view).