The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association.
Held: Appeal denied. Care had to be taken against abuse, but that where a number of unidentified persons were causing injury and damage by unlawful acts and there was an arguable case that they belonged to a single organisation, the rule enabled the court to do justice in the particular case: ‘Every case must be determined as one of degree by reference to the particular circumstances.’ An injunction can be ordered against unknown members of loosely formed unincorporated association. Dunn. LJ ‘Care must be taken to ensure that Ord. 15 v 12 is not abused. But when a number of unidentified person are causing injury and damage by unlawful acts of one kind or another, and there is an arguable case that they belong to a single organisation or class which encourages action of the type complained of, and their actions can be limited to that organisation, then the rule enables the Court to do justice in the particular case. The narrow construction of the rule advanced b y Mr. Warner would in my view deprive the Courts in a situation like this of a useful remedy.’ Purchase LJ: ‘Convenient administration of justice, in my judgement demands that the Courts should be able to afford effective protection to the victims of illegal or threatened illegal action by members of associations whose declared aims are in line with a calculated to promote such illegal action.’
Judges:
Rose LJ, Dunn LJ, Purchase LJ
Citations:
Times 25-Jun-1983, [1983] C.A. Bound Transcript 278
Jurisdiction:
England and Wales
Cited by:
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.
Torts – Other
Updated: 16 June 2022; Ref: scu.197907