Astellas Pharma Ltd & Ors v Stop Huntingdon Animal Cruelty (SHAC) & Ors

Astellas Pharma Ltd & Ors v Stop Huntingdon Animal Cruelty (SHAC) & Ors

The Court of Appeal held that it was not appropriate or just to grant permission to enforce the injunction against unidentified protestors without considering their individual circumstances. The word 'defendant' in section 3(6) of the Protection from Harassment Act 1997 does not extend to persons merely bound by a representative order unless they are joined as defendants. The appeal to include the additional paragraph making the order enforceable against all protestors was dismissed.

Parties
Claimant/appellant: Astellas Pharma Ltd and others; Defendant/respondent: Stop Huntingdon Animal Cruelty and others
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Representative Proceedings, Enforcement of Injunctions, Harassment, Unincorporated Associations, Powers of Arrest
Civil Procedure Injunctions Criminal Law Representative Proceedings Enforcement of Injunctions Harassment Unincorporated Associations Powers of Arrest

Case Brief

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Parties

Astellas Pharma Ltd and others

Claimant/appellant

Stop Huntingdon Animal Cruelty and others

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an injunction under the Protection from Harassment Act 1997 can be enforced against unidentified protestors in representative proceedings
  2. 2 Interpretation of 'defendant' under section 3(6) of the Protection from Harassment Act 1997
  3. 3 Whether the court should grant permission to enforce the order against all protestors under CPR 19.6(4)(b)

Ratio Decidendi

The Court of Appeal held that it was not appropriate or just to grant permission to enforce the injunction against unidentified protestors without considering their individual circumstances. The word 'defendant' in section 3(6) of the Protection from Harassment Act 1997 does not extend to persons merely bound by a representative order unless they are joined as defendants. The appeal to include the additional paragraph making the order enforceable against all protestors was dismissed.

Court Disposition

appeal dismissed