Summary
A final anticipatory injunction may be granted against named protesters, persons unknown and newcomers where there is compelling evidence of a real and imminent threat of unlawful conduct and no realistic defence. The court must treat an unopposed persons-unknown application as effectively without notice and examine reasonably foreseeable defences itself.
The remedy requires compelling justification, full and frank disclosure, precise identification of prohibited conduct and geographical limits, proportionate interference with Convention rights, effective notice, liberty to apply and periodic review. Prior commission of the threatened tort is unnecessary. A multi-year order may be justified by evidence of a continuing campaign, provided annual review safeguards affected persons.
Factual background
Petrochemical companies sought summary judgment and a final anticipatory injunction against 17 named defendants, persons unknown and newcomers connected with four environmental protest movements. The claim concerned threatened trespass, damage and public and private nuisance at eight oil refineries and terminals and their access roads.
Interim injunctions had operated since March 2022. Despite the first order, protesters entered the Kingsbury terminal, climbed fuel tanks and tankers, obstructed roads and excavated tunnels. Later activity diminished, but the claimants attributed that reduction to the injunctions and produced evidence of continuing protest campaigns. No defendant appeared at the final hearing.
The court had to determine whether summary judgment should be entered, whether a quasi-final injunction should be granted against named and unknown defendants, and its appropriate terms and duration.
Held
Application granted. The claimants proved on the balance of probabilities a high and imminent risk that the remaining named defendants or persons unknown would commit the pleaded trespass and nuisance. The earlier dangerous incursions and obstructions, continuing public threats and deterrent effect of the interim orders established that unlawful activity would probably resume without an injunction.
The absence of defendants did not relieve the court of scrutiny. The application was treated as effectively without notice. The court considered defences which persons unknown could reasonably have advanced and found no realistic prospect of a successful defence. Summary judgment therefore satisfied CPR Part 24.
A final anticipatory injunction does not require proof that a defendant has already committed the threatened tort. It requires a sufficiently real and imminent threat. A final order against persons unknown is an exceptional, quasi-final remedy resembling a temporary rule applicable to future citizens. It therefore requires compelling justification and rigorous substantive and procedural safeguards.
Those safeguards were satisfied. The claim identified recognised causes of action; disclosure was full and frank; damages were inadequate; and the prohibited conduct matched the pleaded torts. The defendants were defined by conduct connected with the relevant protests. The order used clear language, precise site plans and limited geographical boundaries. Alternative service had been authorised and effected. Affected persons retained generous rights to seek variation or discharge.
Articles 10 and 11 of the European Convention on Human Rights did not provide a realistic defence to trespass, criminal damage or private nuisance. They were relevant to obstruction on public highways, but the restrictions were prescribed by law and pursued legitimate aims. Those aims included protecting property, access, life and safety, emergency services and fuel supplies. The order struck a fair balance because the conduct created grave risks, less restrictive measures were unavailable and lawful protest remained possible.
A five-year term was proportionate. The evidence showed enduring campaigns, continuing threats and no meaningful engagement. The order nevertheless required annual review and allowed applications to vary or discharge it. The quasi-final injunction was granted.
The court’s approach to earlier authorities
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Appellate history
- High Court: On 26 January 2024 the court granted summary judgment and a five-year quasi-final injunction, subject to annual review.
- Earlier proceedings: From March 2022 successive High Court judges granted, continued and revised interim anticipatory injunctions, alternative-service directions and procedural orders. On 28 July 2023 Bourne J replaced the existing order with a revised interim injunction and directed service of acknowledgments, defences or undertakings.
Key cases cited
20 authorities cited.
- Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47
- Director of Public Prosecutions v Ziegler and others [2021] UKSC 23
- American Cyanamid Co v Ethicon Ltd [1975] AC 396
- National Highways Limited v Person Unknown & Anor [2023] EWCA Civ 182
- Attorney General’s Reference on a Point of Law No 1 of 2022 [2022] EWCA Crim 1259
- Cuciurean v Secretary of State for Transport [2021] EWCA 357
- Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard Camp Representative) & Ors [2012] EWCA Civ 160
- Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23
- Doncaster Pharmaceuticals v Bolton Pharmaceutical Co [2007] FSR 3
- ED&F Man Liquid Products Ltd. v Patel & Anor [2003] EWCA Civ 472
- THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS [2001] Lloyd's Rep PN 526
- Swain v Hillman [2001] 2 All ER 91
- North Warwickshire v Baldwin and 158 others and PUs [2023] EWHC 1719
- Shell v Persons Unknown [2022] EWHC 1215
- King & Ors v Stiefel & Ors [2021] EWHC 1045 (Comm)
- National Highways Ltd v Persons Unknown [2021] EWHC 3081 (KB)
- Birmingham City Council v Afsar & Ors [2019] EWHC 1619 (QB)
- Ineos Upstream Ltd & Ors v Persons Unknown & Ors [2017] EWHC 2945 (Ch)
- Sainsbury's Supermarkets v Condek Holdings [2014] EWHC 2016
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Cases citing this case
15 later cases · 13 positive · 2 neutral
Most senior citing decisions:
- Oxfordshire County Council v Ben Cullen & Ors [2026] EWHC 2019 (KB) applied
- The Chancellor, Masters and Scholars of the University of Cambridge v Persons Unknown [2025] EWHC 2330 (KB) applied
- Sheffield Environmental Services & Ors v Persons Unknown [2025] EWHC 2141 (KB) applied
- Teledyne UK Limited v Julian Allen GAO & Ors [2025] EWHC 2050 (KB)
- Trinity College, Cambridge v Persons Unknown & Anor [2025] EWHC 1577 (Ch)
- The Office Group Properties Limited & Anor v Persons Unknown [2025] EWHC 1438 (KB)
- Transport for London v Persons Unknown & Ors [2025] EWHC 55 (KB)
- Shell UK Limited v Persons Unknown & Ors [2024] EWHC 3130 (KB)
- The University of London v Abel Harvie-Clark & Ors [2024] EWHC 2895 (Ch)
- Heathrow Airport Ltd v Persons Unknown [2024] EWHC 2599 (KB)
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