MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
The Honourable Mr Justice Nicklin : 1.
This judgment is divided into the following sections: Section
Paragraphs [2]–[11] [12]–[31] [13]-[16] [24]–[26] [27]–[31] [32]–[41] [32]–[36] [17] [37]–[41] [42]–[53] [43]–[45] [46]–[49] [52]–[53] [54]–[56] [57]–[107] [58]–[73] [58]–[61] [62]–[73] [74]–[80] [99]–[107] [109]–[120] [111]–[120] [121]–[126] [121]–[125] [110] [127]–[143] [144]–[308] [147]–[279] [280]–[297] [309]–[329] [309]–[312] [313]–[319] [321]–[322] [126] [323]–[324] [325]–[329] [330]–[332] [333]–[374] [333]–[335]
A. B. (1) (2) (3) (4) C. (1) (2) D. (1) (2) (3) E.
Introduction
Background and parties
The Claimants The Wyton Site The Defendants
The protest activities The Interim Injunction
The interim injunction granted on 10 November 2021 Modifications to the Interim Injunction Alleged breaches of the Interim Injunction
The First Contempt Applications The Second Contempt Application The Third Contempt Application
Alternative service orders in respect of “Persons Unknown”
F.
The claims advanced by the Claimants
(1)
Trespass
(a) Physical encroachment onto the Wyton Site (b) Trespass to the airspace above the Wyton Site Interference with the right of access to the highway
(2) (3)
Public nuisance [81]–[98] (a) Obstruction of the highway: s.137 Highways Act 1980 [81]–[89] (b) Public nuisance by obstructing the highway [90]–[98]
(4) G. (1) (2) H. (1) (2) (1) (2) (3) K. (1) (2) (3) (4) I. J. (5) L. M. (1)
Harassment
The Third Contempt Application Allegations of breach of the Interim Injunction
Evidence relied upon
The parameters of the Claimants’ claims
The case against Mr Curtin
The case against “Persons Unknown” The evidence at trial: generally The evidence at trial against Mr Curtin The pleaded allegations against Mr Curtin Unpleaded allegations against Mr Curtin
Conclusion on the claim of harassment against Mr Curtin [298]–[308]
The evidence at trial against “Persons Unknown”
Trespass on the Wyton Site
Trespass by drone flying over the Wyton Site Threatened trespass at the B&K Site Interference with the right to access to the highway Public nuisance by obstruction of the highway Evidence from the police regarding the protests Wolverhampton and its impact on this case
Background
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