Cairn Energy Plc v Greenpeace Ltd & Anor [2013] ScotCS CSOH_50 (27 March 2013)

Cairn Energy Plc v Greenpeace Ltd & Anor [2013] ScotCS CSOH_50 (27 March 2013)

The court found in favour of GPI, holding that there was insufficient evidence that granting the interdict would not prejudice rights to free speech and protest, and that the terms of the interdict could be problematic in this regard.

Citation
[2013] ScotCS CSOH_50
Parties
Petitioner: Petitioner; Respondent: GPI
Jurisdiction
Scotland
Judgment Date
27 March 2013
Procedural Posture
Petition / Final Judgment
Outcome
petition refused
Legal Topics
Interdict, Right to Protest, Free Speech
Civil Procedure Interdict Right to Protest Free Speech

Case Brief

Summary, issues, holding and outcome

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Parties

Petitioner

Petitioner

GPI

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether an interdict should be granted to prevent GPI from disrupting the petitioner's business operations
  2. 2 Whether the interdict would infringe on rights to free speech and protest

Ratio Decidendi

The court found in favour of GPI, holding that there was insufficient evidence that granting the interdict would not prejudice rights to free speech and protest, and that the terms of the interdict could be problematic in this regard.

Court Disposition

petition refused