Allseas UK Ltd v Greenpeace Ltd [2001] ScotCS 88 (11 April 2001)

Allseas UK Ltd v Greenpeace Ltd [2001] ScotCS 88 (11 April 2001)

The court held that the pursuers had a reasonable apprehension of harm based on the defenders' clear opposition to oil and gas exploitation, their recent history of direct disruptive actions, and their refusal to provide an undertaking. The balance of convenience favoured the pursuers, and the interdict was justified.

Citation
[2001] ScotCS 88
Parties
Pursuer: Allseas UK Limited; Defender: Greenpeace Limited
Jurisdiction
Scotland
Judgment Date
11 April 2001
Procedural Posture
Civil / Interim Interdict Application
Outcome
interim interdict granted
Legal Topics
Interdict, Apprehension of Harm, Protest Actions, Balance of Convenience
Civil Procedure Environmental Law Interdict Apprehension of Harm Protest Actions Balance of Convenience

Case Brief

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Parties

Allseas UK Limited

Pursuer

Greenpeace Limited

Defender

Procedural Posture

Civil / Interim Interdict Application

Legal Issues

  1. 1 Whether interim interdict should be granted where no delict has yet been committed but there is reasonable apprehension of harm from protest actions.

Ratio Decidendi

The court held that the pursuers had a reasonable apprehension of harm based on the defenders' clear opposition to oil and gas exploitation, their recent history of direct disruptive actions, and their refusal to provide an undertaking. The balance of convenience favoured the pursuers, and the interdict was justified.

Court Disposition

interim interdict granted

Orders

  • Interim interdict granted against Greenpeace Limited within the territorial jurisdiction of the Court, limited to the contract period and specifically defined vessel operations.
  • Pursuers awarded costs of the hearing.