KB-2024-004175 - [2025] EWHC 2050 (KB)
Fecha: 01-Ago-2025
Procedural History
Procedural History
This claim first came before Bourne J on 20th December 2024. On that date, having considered evidence in witness statements prepared by Nicholas Wargent (a Director of the Claimant company) and Manan Singh (the solicitor with conduct of the litigation on behalf of the Claimant) he issued an interim injunction against the first seven Named Defendants and four categories of Persons Unknown. The Order of Bourne J fixed a further hearing for consideration of the continuation of his interim Order for 24th January 2025. The decision of Bourne J, in which he sets out in detail the evidence that he considered (which evidence I have also considered on the application for a final Order), is reported at [2024]EWHC 3538 (KB).
On 24th January Tipples J heard an application for the continuation of the Order of Bourne J by which time a further seven named Defendants had been added to the Claim. Tipples J, having considered a number of further witness statements prepared by Mr Wargent and Mr Singh, extended the order of Bourne J until a final hearing which she fixed for 25th July 2025. Tipples J refused the application of the Claimant to make an order against the four categories of Persons Unknown for a period of five years (subject to annual review) on the basis that there had been recent developments in the Middle East, including a tentative ceasefire, and that a five-year order may in the event not be necessary. She adjourned that issue for determination at the final hearing on 25th July. The form of Order made by Tipples J was identical to that of Bourne J save for the addition of the further Named Defendants.
On 21st March 2025 a further application was made by the Claimant to Murray J for an Order in respect of two further Named Defendants (D19 and D20). The prohibitions set out in the Order of Murray J were in identical terms to those against Named Defendants in the Orders of Bourne J and Tipples J.
Murray J listed his Order for final hearing alongside that of Tipples J on 25th July 2025.
Although some Named Defendants have since settled the claim by signing consent orders and undertakings, twelve named defendants remained live defendants to the claim as of the date of the hearing before me, namely:
D1 – Julian Allen Gao;
D2 – Ruby Hamill;
D3 – Daniel Jones;
D4 – Najam Shah;
D5 – Ricky Southall;
D6 – Amareen Afzal;
D7 – Serena Fenton;
D14 – Autumn Taylor-Ward;
D16 – Lara Downes;
D17 – Gabrielle Middleton;
D19 – Mary Ensell;
D20 – Harry Wade.
Two of the remaining twelve Named Defendants (D5 Ricky Southall and D14 Autumn Taylor-Ward) had also signed a consent order settling the claim but did not sign the relevant undertaking that accompanied that order. Despite repeated attempts by the Claimant’s solicitors to contact those defendants and to chase their missing signatures, no signed undertaking has been provided by either of them, and they remained live defendants at the hearing on 25th July.
The Named Defendants have not engaged with these proceedings at any stage. They have not acknowledged the claim, sought to defend it, made any representations nor attend any previous hearing. No Named Defendant attended the hearing before me on 25th July and no representations were made to the Court, in writing or otherwise, by or on behalf of any defendant (as to which see the postscript to this judgement below).
- 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