England and Wales Case Law

Cardiff University v Persons Unknown

The University has demonstrated a compelling need for protection of its property rights against repeated unlawful protest, trespass, and nuisance by persons unknown. The injunction is justified and proportionate under Articles 10 and 11 ECHR, given the availability of lawful protest mechanisms, the presumption in favour of consent under the Code, and the liberty to apply to vary or discharge. The terms, geographic scope (excluding the Music Building), and temporal limit (until 31 July 2026) are appropriate, and notification requirements have been satisfied.

Source excerpt

• Injunctions against persons unknown
• Trespass
• Private nuisance
• Protest law
• Echr articles 10 and 11
• University property rights

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Julian Roger Hallam & Ors v R

Sentencing judges must consider conscientious motivation as relevant to culpability, assess proportionality of interference with ECHR rights, and impose the shortest sentence commensurate with seriousness; manifestly excessive sentences must be reduced, but immediate custody is justified given the scale, planning, and harm of the offences.

Source excerpt

• Public nuisance
• Criminal damage
• Sentencing principles
• Protest law
• Echr articles 10 and 11
• Conspiracy

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Hallam & Ors v R. (Rev1)

Hallam & Ors v R. (Rev1) [2025] EWCA Crim 199 (07 March 2025)

The Court of Appeal reviewed sentence appeals from multiple Just Stop Oil protest cases and upheld most sentences, while reducing several in the M25 conspiracy and gantry climbers cases.

• Public nuisance
• Criminal damage
• Sentencing
• Protest law
• Freedom of expression
• Freedom of assembly

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Director of Public Prosecutions v Cathy Eastburn

Section 14 of the Public Order Act 1986 is an offence-creating provision where the statutory ingredients themselves ensure compatibility with ECHR Articles 10 and 11; therefore, once the elements are proved, the court must convict without a further proportionality assessment.

Source excerpt

• Public protest
• Freedom of expression
• Freedom of assembly
• Proportionality
• Section 14 public order act 1986
• Echr articles 10 and 11

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Director of Public Prosecutions v Eastburn

Director of Public Prosecutions v Eastburn [2023] EWHC 1063 (Admin) (05 May 2023)

The Divisional Court held that a conviction under section 14 of the Public Order Act 1986 does not require a separate proportionality assessment under Articles 10 and 11.

• Public protest
• Freedom of expression
• Freedom of assembly
• Proportionality
• Public order act 1986 s14
• Echr articles 10 and 11

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High Speed Two (HS2) & Anor. v Four Categories of Persons Unknown & Ors.

The High Court granted an interim route-wide injunction against named and unknown HS2 protest defendants, finding a real risk of continued trespass, nuisance, and proportionate limits on protest.

• Injunctions
• Trespass
• Nuisance
• Protest law
• Persons unknown
• Alternative service

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High Speed Two (HS2) Ltd & Anor v Four Categories of Persons Unknown & Ors

High Speed Two (HS2) Ltd & Anor v Four Categories of Persons Unknown & Ors [2022] EWHC 2360 (KB) (20 September 2022)

The High Court granted a route-wide interim injunction restraining trespass, nuisance, obstruction and unlawful protest on HS2 land, while preserving lawful protest and rights of way.

• Trespass
• Nuisance
• Injunctions
• Protest law
• Compulsory purchase
• Echr articles 10 and 11

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