North Warwickshire Borough Council applied to the High Court for an Order prohibiting the disruptive elements of those protests.
Background
In April 2022 following protests at the Kingsbury Oil Terminal which caused significant safety risks and extensive disruption to operations at the Terminal and the local community, working in partnership with Warwickshire Police, North Warwickshire Borough Council applied to the High Court for an Order prohibiting the disruptive elements of those protests. On 14 April 2022 the High Court granted an Order restricting certain behaviour whilst allowing peaceful and lawful protests to continue. On 5 May 2022 the High Court varied that Order slightly to clarify the areas in which peaceful protests could lawfully take place.
Even though lawful protests could take place at the location a number of those attending the site refused to comply with the Order and committed acts which breached it. This led to Warwickshire Police arresting 139 people in the vicinity of the Terminal, followed by committal proceedings in which the Court found that 70 individuals had committed 108 breaches of the Order. The breaches included entering the site and tampering with equipment, blocking the highway to stop traffic and then climbing on fuel tankers, and digging tunnels under the public highway. The Court imposed various sanctions for the breaches, including prison sentences and fines.
This number of breaches shows that the Order remains necessary and, were it not in place, there would be a significant risk of further disruption to the community, including risk of harm to individuals and their property.
The Current Position
In March a third party applied to the High Court to set aside the Order, at which time the Council also made an application to the Court asking it to make the following Orders:
- To list the case for a full hearing so that the Court can decide whether to make a Final Order which prohibits the disruptive behaviour concerned.
- To add those 139 people who have been arrested as named Defendants.
- To allow the Council to serve copies of the application by alternative means in relation to those Defendants and proposed Defendants for which the Council has no current address.
The Court granted these Orders and the Application to set aside the Order was withdrawn by agreement.
On 14 July the Court handed down its Judgment from the hearing last May, a copy of which can be found on the Council’s website at the link below. That Judgment states that the Order made on 5 May 2022 will remain in place until the final hearing of the Council’s application.
On 8 August the Court made a further Order that the final hearing of the Council’s application will take place in November 2023.
Documents
Copies of the relevant documents can be found on the Council’s website including:
A. The Order dated 31 March 2023.
B. The Order dated 8 August 2023.
C. The Interim Injunction Orders made in April and May 2022 and associated Powers of Arrest.
D. The Claim form and supporting documentation.
Final Hearing
The final hearing of the Council’s application in November is likely to take place at the High Court in Birmingham. The Court will shortly confirm the date, time, and place of the hearing. A copy of the notice of the hearing date and any further Court Orders will then be added to the Council’s website.
Copies of Documents
Copies of the documents referred to at A to D above can also be obtained by contacting the following:
AnnieRyan@NorthWarks.gov.uk
legalservices@NorthWarks.gov.uk