Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2664 (KB) (21 October 2022)

Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2664 (KB) (21 October 2022)

The claimant is entitled to a continued interim injunction restraining specified acts by defendants and persons unknown, as the tort of conspiracy by unlawful means is available, the injunction is proportionate, necessary, and clear, and does not unlawfully interfere with ECHR rights. Section 12(3) Human Rights Act 1998 does not apply to protest acts. The risk of further harm is real and imminent, and damages are inadequate.

Citation
[2022] EWHC 2664 (KB)
Parties
Claimant: Esso Petroleum Company, Limited; Defendant: Scott Breen; Defendant: Persons Unknown described in Annex 1 to the Claim Form dated 10th August 2022; Interested Person: Jane Suzanne Everest; Interested Person: Hannah Shelley
Jurisdiction
England and Wales
Judgment Date
21 October 2022
Procedural Posture
Interim Injunction Application / Return Date Hearing
Outcome
Interim injunction continued for 4 months with amendments to wording as specified.
Legal Topics
Interim Injunctions, Protest Law, Freedom of Expression, Freedom of Assembly, Conspiracy by Unlawful Means, Trespass, Criminal Damage
Civil Procedure Human Rights Tort Law Interim Injunctions Protest Law Freedom of Expression Freedom of Assembly Conspiracy by Unlawful Means +2 more

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Parties

Esso Petroleum Company, Limited

Claimant

Scott Breen

Defendant

Persons Unknown described in Annex 1 to the Claim Form dated 10th August 2022

Defendant

Jane Suzanne Everest

Interested Person

Hannah Shelley

Interested Person

Procedural Posture

Interim Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining protestors from specified acts relating to the pipeline project
  2. 2 Whether the tort of conspiracy by unlawful means is available to the claimant
  3. 3 Whether the injunction terms are proportionate and clear

Ratio Decidendi

The claimant is entitled to a continued interim injunction restraining specified acts by defendants and persons unknown, as the tort of conspiracy by unlawful means is available, the injunction is proportionate, necessary, and clear, and does not unlawfully interfere with ECHR rights. Section 12(3) Human Rights Act 1998 does not apply to protest acts. The risk of further harm is real and imminent, and damages are inadequate.

Court Disposition

Interim injunction continued for 4 months with amendments to wording as specified.

Orders

  • Interim injunction restraining specified acts continued for 4 months from date of judgment.
  • Parties to agree directions for trial within 7 days; failing agreement, written submissions within 14 days.