MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
(2) (3)
The Court of Appeal decision The Supreme Court decision
[336]
[337]–[352] [339]–[340]
(a) The Gammell principle disapproved as the basis for ‘newcomer’ injunctions (b) The key features of, and justification for, a contra mundum ‘newcomer’ injunction (d) The need to identify the prohibited acts clearly in the terms of any injunction (c) Protest cases Other consequences of contra mundum litigation Contra mundum orders as a form of legislation? The relief sought by the Claimants
[341]–[344]
[345]–[351]
[352]
(4) (5) N. (1) (2) O. (1) (2) (3)
[353]–[362] [363]–[374] [375]–[377] [375]–[376] [378]–[407] [379]–[385] [386]–[399] [400]–[407] [377]
Against Mr Curtin Contra mundum
Decision
The claim against Mr Curtin The contra mundum claim
Mr Curtin’s penalty in the Third Contempt Application
Annex 1 Full list of the Defendants to the claim Annex 2 The relief sought by the Claimants against Mr Curtin Annex 3 The relief sought by the Claimants contra mundum against “Persons Unknown”
A: Introduction 2.
This is the final judgment in this civil claim brought by the Claimants against both known and unknown individuals. The common link between the Defendants is that, at one time or another, they have engaged in some form of protest against the activities of the First Defendant at its site at Wyton, Cambridgeshire. 3. Whilst the claim has been pending before the Courts, the law – as it applies to “Persons Unknown” – has been in a state of flux. The decision of the Supreme Court in Wolverhampton City Council & others -v- London Gypsies and Travellers & others [2024] AC 983 (heard on 8-9 February 2023 with judgment handed down on 29 November 2023) clarified but also significantly changed the law as it concerns the grant of injunctions against “Persons Unknown” where that target class is protean and the injunction applies to what has been termed ‘newcomers’. 4. Whilst the evidence relating to this claim was heard at a trial between 24 April 2023 to 23 May 2023, the trial was adjourned to await the Supreme Court decision in Wolverhampton . Further hearings were fixed on 26 March 2024 and 7 May 2024 for the Court to consider whether, in light of the Supreme Court’s decision, the Claimants should be given an opportunity to file any further evidence and to consider final submissions of law consequent upon the Wolverhampton decision. 5. At the hearing on 26 March 2024, I directed that the final hearing in the claim should be fixed for 7 May 2024. I directed that the Claimants must file their final submissions by 30 April 2024 and that, in addition to publicising the date of the final hearing on notices at the Wyton Site, and online, the written submissions must be served on Liberty and Friends of the Earth, who had intervened in the Wolverhampton case
72
Made with FlippingBook interactive PDF creator