Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2600 (KB) (07 September 2022)

Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2600 (KB) (07 September 2022)

The Interested Persons are directly affected by the injunction and have raised potentially good points regarding its scope and public interest. Applying the relevant gateway and factors, the court exercises its discretion to permit them to make submissions at the return date under CPR 40.9 without requiring them to be joined as defendants.

Citation
[2022] EWHC 2600 (KB)
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
Injunction Application (interim) / Return Date Hearing on Continuation of Ex Parte Injunction; Determination of Interested Persons' Status Under CPR 40.9
Outcome
Permission granted for Interested Persons to make submissions at the return date under CPR 40.9 without being joined as defendants.
Legal Topics
Interim Injunctions, Persons Unknown, Protest Law, Civil Liberties, Costs Orders Against Non Parties
Civil Procedure Tort Law Human Rights Interim Injunctions Persons Unknown Protest Law Civil Liberties Costs Orders Against Non Parties

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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

Injunction Application (interim) / Return Date Hearing on Continuation of Ex Parte Injunction; Determination of Interested Persons' Status Under CPR 40.9

Legal Issues

  1. 1 Whether Interested Persons may make submissions under CPR 40.9 without being joined as defendants
  2. 2 Whether the Interested Persons are directly affected by the injunction
  3. 3 Appropriate threshold and factors for granting permission under CPR 40.9

Ratio Decidendi

The Interested Persons are directly affected by the injunction and have raised potentially good points regarding its scope and public interest. Applying the relevant gateway and factors, the court exercises its discretion 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) granted permission to make representations at the return date hearing under CPR 40.9.
  • Ex-parte injunction to continue in force until judgment is given on or after the full return date.