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Anti-fracking campaigners win appeal on the right to protest

Related Member(s):
Blinne Ní Ghrálaigh
Related Practice Area(s):
Crime and Regulatory Law

The Court of Appeal has today handed down judgment in the case of Boyd & Ors v INEOS. The Court of Appeal struck down the unprecedented injunctions granted to fracking company INEOS which restrained protest activity by “persons unknown” affecting their supply chain companies. It similarly dismissed injunctions prohibiting long-standing protest tactics including slow walking near INEOS sites. The two remaining injunctions restraining trespass on INEOS-related sites are to be remitted to the High Court for reconsideration, including in relation to the proper application of the test for the granting of interim injunctions in cases restricting the right to free speech. In granting the appeals, Lord Justice Longmore highlighted the chilling effects of the injunctions on lawful protest activity, stating that: “The citizen’s right of protest is not to be diminished by advance fear of committal except in the clearest of cases.”

Blinne Ní Ghrálaigh of Matrix Chambers was instructed by Rosa Curling at Leigh Day alongside Heather Williams QC and Jennifer Robinson of Doughty Street Chambers.

To read Leigh Day’s full press release, please see here.

To read a summary of the judgment, please see here.