The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases.
Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such order was reasonably to be regarded as necessary for the protection of a plaintiff’s legitimate interest. The court has power to impose an exclusion zone when granting a non-molestation injunction restraining harassment of the victim by the defendant, provided no unnecessary restraint was placed on the defendant. It would not seem to me to be a valid objection to the making of an exclusion zone order that the conduct to be restrained is not in itself tortuous or otherwise unlawful, if such an order is reasonably regarded as necessary for the protection of a plaintiff’s legitimate interest’ and ‘Neither the statute nor authority in my view precludes the making of an ‘exclusion zone’ order. But that does not mean that such orders should be made at all readily, or without very good reason. There are two interests to be reconciled. One is that of the defendant. His liberty must be respected up to the point at which his conduct infringes, or threatens to infringe, the rights of the plaintiff. No restraint should be placed on him which is not judged to be necessary to protect the rights of the plaintiff. But the plaintiff has an interest which the court must be astute to protect. The rule of law requires that those whose rights are infringed should seek the aid of the court, and respect for the legal process can only suffer if those who need protection fail to get it. That, in part at least, is why disobedience to orders of the court has always earned severe punishment. Respect for the freedom of the aggressor should never lead the court to deny necessary protection to the victim.’
An injunction was granted excluding the defendant from an area. It was recognised that an exclusion zone may have the effect of restraining conduct not in itself tortious – e.g. travelling along a public highway – but such a restraint maybe imposed if it reasonably regarded as necessary for the protection of a plaintiff’s legitimate interests.
Judges:
Sir Thomas Bingham MR
Citations:
Times 09-Aug-1995, [1995] 4 All ER 802, [1995] 1 WLR 1373, [1995] EWCA Civ 50
Links:
Statutes:
Supreme Court Act 1981 37(1), County Courts Act 1984 38
Jurisdiction:
England and Wales
Cited by:
Cited – Huntingdon Life Sciences Limited v Curtin; Watson; British Union for Abolition of Vivisection; Animal Liberation Front; Animal Rights Coalition and London Animal Action CA 15-Oct-1997
The various defendants were accused of protesting repeatedly at the activities of the claimants, who sought orders under the Act to stop their protests as harassment.
Held: The Act was misused by trying to use it outside the areas intended; . .
Cited – Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty QBD 28-May-2004
The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim . .
Cited – University of Oxford and others v Broughton and others QBD 10-Nov-2004
The claimants sought injunctions to protect themselves against the activities of animal rights protesters, including an order preventing them coming with a wide area around the village.
Held: The orders made were justified with the additional . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Torts – Other, Contempt of Court
Updated: 20 December 2022; Ref: scu.182287