Transport for London v Persons Unknown & Ors
[2023] EWHC 1201 (KB)
Thurrock Council & Anor v Madeleine Adams & Ors
11 October 2024
[2024] EWHC 2576 (KB)
High Court
Councils got a court order to stop Just Stop Oil protesters from blocking roads and fuel terminals. The judge said the protests caused too much damage and disruption, and the order was needed to protect the public and the economy, even though it might limit some protest rights. The order only stops unlawful actions and the court can change it later if needed.
Key Facts
- •Thurrock and Essex Councils sought continuation of an injunction against Persons Unknown and named defendants associated with Just Stop Oil protests.
- •Protests targeted fuel terminals in Thurrock and Essex, causing significant disruption and harm.
- •The injunction covers various forms of protest activity, including highway obstruction, trespass, and tunnelling.
- •The Councils apprehended further protests due to Just Stop Oil's announced summer campaign targeting airports and the fuel supply chain.
- •The injunction was a 'newcomer injunction', addressing the participation of unknown future protestors.
- •Most named defendants reached settlements with the claimants.
Legal Principles
Test for continuing an injunction is the same as for a new injunction, focusing on updated circumstances.
High Speed Two (HS2) Limited & Others v Persons Unknown [2024] EWHC 1277 (KB), [32]-[33]
Claimants' standing based on Local Government Act 1972, s 222 and Highways Act 1980, s130(5).
Local Government Act 1972, s 222; Highways Act 1980, s 130(5)
Test for precautionary injunction: imminent and real risk of harm.
Ineos Upstream Ltd v Persons Unknown [2019] 4 WLR 100, [34(1)] (Court of Appeal)
Principles for 'newcomer' injunctions established in Wolverhampton City Council and others v London Gypsies and Travellers and others [2024] 2 WLR 45.
Wolverhampton Travellers case
Public nuisance involves obstructing the free passage of the public along the highway.
East Hertfordshire DC v Isobel Hospice Trading Ltd [2001] JPL 597
Proportionality test under Articles 10 and 11 ECHR applies where these rights are engaged.
DPP v Ziegler and others [2022] AC 408; Reference by the Attorney General for Northern Ireland-Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2023] 2 WLR 33
Right to peaceful assembly on the highway exists but doesn't extend to committing public nuisance.
DPP v Jones [1999] 2 AC 240
Outcomes
Continuation of the injunction against Persons Unknown granted.
Apprehension of future protests causing harm, and satisfaction of legal requirements for a newcomer injunction.