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King's / Queen's Bench Division of the High Court
KB-2024-004175 - [2025] EWHC 2050 (KB)
Fecha: 01-Ago-2025
Decision
Decision
Final Injunction
The Causes of Action
I am satisfied on the evidence having regard both to past events and to the very real threat of a repeat of similar unlawful protest in the future, that the conduct of the named Defendants and the identified categories of Persons Unknown would prima facie constitute the torts of trespass, interference with the common law right of the Claimant to access the highway at its Shipley site and public nuisance by obstruction of the highway.
- Heading
- Section 1
- The Claim
- Factual Background
- Procedural History
- This Application
- Procedural Requirement – Notice of the Hearing
- The Law
- Article 10 and Article 11 rights: proportionality
- Article 10 and 11 rights: Trespass
- Persons Unknown
- Evidence
- Decision
- Requirements for the Grant of a Final Injunction
- Articles 10 and 11 of the ECHR
- Review of the Injunction against Persons Unknown
- Form of Order
- Length of the Order
- Conclusion
- Postscript: Costs Order D19 and D20
- ANNEXE A
- and
- Defendants
- For the purpose of this Order
- INJUNCTION Until and including 25 July 2030, the First to Seventh Defendants , Eighth to Eleventh Defendants (Persons Unknown), Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defend
- Service and notification Pursuant to CPR rules 6.15 and 6.27, the Claimant has permission to serve the First to Seventh Defendants, Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defendant and th
- Liberty to Apply
- The Order against the Eighth to Eleventh Defendants (Persons Unknown) shall be reviewed at a hearing no later than 25 July 2026 (or as near to that date as the court can reasonably accommodate), with
- All communications with the Court about this Order should be sent to [email protected] or Room E03 Royal Courts of Justice, Strand, London WC2A 2LL. The Telephone number is 020 3938
- Costs
- No Order as to costs against the Eighth to Eleventh Defendants (Persons Unknown) Dated 25 July 2025
- Interpretation of this Order In this Order, references to ‘the Defendant’ means any or all of them (unless expressly stated otherwise)
- An Order requiring ‘the Defendant’ not to do anything applies to all Defendants Conclusions