Transport for London v Persons Unknown & Anor.
[2023] EWHC 1038 (KB)
Transport for London v Persons Unknown & Ors
26 May 2023
[2023] EWHC 1201 (KB)
High Court
A group of people blocked London roads to protest. A court decided to stop them from doing that again for five years because it caused too much disruption and harm.
Key Facts
- •Transport for London (TfL) sought a final injunction against 168 individuals and persons unknown for disruptive Just Stop Oil (JSO) protests.
- •The protests involved road blockages, slow marching, and other disruptive tactics.
- •Most defendants provided undertakings, leaving only 10 defendants against whom TfL sought relief.
- •The injunction sought mirrored one granted in a previous case (Insulate Britain).
- •TfL proposed a 5-year injunction covering 23 strategically important roads.
- •The court considered trespass to land, private nuisance, and public nuisance as causes of action.
- •The court balanced TfL's need for protection against the defendants' freedom of expression and assembly rights.
- •The court considered the proportionality of the injunction, the harm caused by protests, and the defendants' lack of engagement.
Legal Principles
Trespass to land, private nuisance, public nuisance
Morris J in Insulate Britain
Requirements for anticipatory injunctions
Vastint Leeds BV v Persons Unknown; National Highways Ltd v Persons Unknown
Balancing freedom of expression/assembly rights (Articles 10 & 11 ECHR) with other rights
DPP v Zeigler; City of London Corporation v Samede; Cuadrilla Bowland Ltd v Persons Unknown
Proportionality test for injunctions impacting Convention rights
Samede; Zeigler; Cuadrilla
Guidelines for injunctions against persons unknown
Canada Goose UK Retail Ltd v Persons Unknown
Outcomes
Final injunction granted against 10 named defendants and persons unknown.
Strong probability of future breaches causing grave and irreparable harm; proportionality test met.
Injunction covers 23 specified roads (with some exceptions for defendants already subject to the Insulate Britain injunction).
Strategic importance of roads, widespread disruption caused by blockages.
Injunction lasts 5 years with annual reviews.
Necessary for adequate public protection; proportionate given the balancing exercise.
Named defendants against whom the injunction was granted ordered to pay TfL's costs.
Provisional decision subject to further submissions.