M25 Injunctions—service issues, the right to protest and its limits considered (National Highways Ltd v Persons unknown)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: The court continued interim injunctions protecting the M25 from future protests subject to certain important limits. The court refused substituted service and continued a requirement that the terms of the injunction had to be served on protestors before they could be found in contempt for breach of its terms. The court granted summary judgment and final injunctions against 29 protestors who had already been held in contempt of court for breaching the terms of the interim injunctions but refused to grant summary judgment against 109 further defendants where the evidence was general and unsatisfactory. The court took a broad view of directly effected in CPR 40.9 and heard from non-party interveners as to the terms of the injunctions. Written by Lauren Godfrey, barrister at Gatehouse Chambers.