Esso Petroleum Company Limited v Scott Breen & Ors

Esso Petroleum Company Limited v Scott Breen & Ors

The Interested Persons are directly affected by the injunction and raise points of public interest and civil liberties. Applying the relevant factors, it is just and fair to permit them to make submissions at the return date under CPR 40.9 without requiring them to be joined as defendants.

Parties
Claimant: Esso Petroleum Company Limited; Defendant: Scott Breen; Defendant: Persons Unknown (as described in Annex 1 to the claim form dated 10 August 2022); Interested Person: Jane Suzanne Everest; Interested Person: Hannah Shelley
Jurisdiction
England and Wales
Judgment Date
07 September 2022
Procedural Posture
Civil / Interlocutory Application (return Date for Ex Parte Injunction)
Outcome
Permission granted for Interested Persons to make submissions at the return date under CPR 40.9 without being joined as defendants.
Legal Topics
Injunctions, Protest Law, Persons Unknown, Civil Liberties, Costs
Civil Procedure Human Rights Tort Law Injunctions Protest Law Persons Unknown Civil Liberties Costs

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Parties

Esso Petroleum Company Limited

Claimant

Scott Breen

Defendant

Persons Unknown (as described in Annex 1 to the claim form dated 10 August 2022)

Defendant

Jane Suzanne Everest

Interested Person

Hannah Shelley

Interested Person

Procedural Posture

Civil / Interlocutory Application (return Date for Ex Parte Injunction)

Legal Issues

  1. 1 Whether Interested Persons may make submissions at the return date for the ex-parte injunction under CPR 40.9 without being joined as defendants
  2. 2 Whether the Interested Persons are directly affected by the injunction
  3. 3 Appropriate application of CPR 40.9 in the context of wide-ranging injunctions against protestors

Ratio Decidendi

The Interested Persons are directly affected by the injunction and raise points of public interest and civil liberties. Applying the relevant factors, it is just and fair to permit them to make submissions at the return date under CPR 40.9 without requiring them to be joined as defendants.

Court Disposition

Permission granted for Interested Persons to make submissions at the return date under CPR 40.9 without being joined as defendants.

Orders

  • Interested Persons (Jane Suzanne Everest and Hannah Shelley) permitted to make submissions at the return date hearing under CPR 40.9.
  • Costs of this part of the hearing reserved.