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Anti-fracking protest injunctions appeal

Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515

Related Member(s):
Blinne Ní Ghrálaigh
Related Practice Area(s):
Media and Information Law, Environmental Law and Natural Resources, Civil Liberties and Human Rights, Public Law

The Court granted an appeal brought against interim injunctions obtained by fracking company INEOS against “persons unknown” restricting protest activity at eight sites linked to the company and in relation to the company’s “supply chain”.

The Court dismissed two of the four injunctions, ruling them to be unlawful, and ordered the remaining injunctions preventing trespass on INEOS sites to to be remitted to the High Court for reconsideration, in part because the judge had failed to appropriately apply the test under the Human Rights Act 1998, s 12(3), which requires a judge making an interim order in a case in which ECHR, art 10 is engaged, to assess whether the claimants would be likely to obtain the relief sought at trial.

Blinne Ní Ghrálaigh was involved in this case.