Alert: quia timet interim injunctions granted in fracking case (INEOS Upstream v Persons Unknown)

Table of contents

• Original news
• Why is the judgment of interest to practitioners?

Article summary

Dispute Resolution analysis: In a detailed judgment, Mr Justice Morgan in the Chancery Division granted quia timet interim injunctions in favour of a shale gas exploration company (and others) against persons unknown (and two named defendants) in relation to anticipated unlawful conduct during expected protests regarding proposed fracking activities on eight sites across England. The judge found that there was an imminent and real risk that, in the absence of injunctions, the defendants would interfere with the legal rights of the claimants. The judge also held, applying section 12(3) of the Human Rights Act 1998, that it was likely that the court following a trial would grant a permanent injunction to restrain the interferences with the claimants’ legal rights. The judge, however, declined to order injunctions restraining harassment, although the claimants were granted permission to apply in the future for an injunction against harassment expressed in clear and precise terms if the claimants can demonstrate the need...