INJUNCTION

WARNING: HIGH COURT INJUNCTION IN FORCE

HIGH COURT CLAIM NO: HC-2017-002125

NOTICE OF HIGH COURT INJUNCTION ORDER DATED 12 DECEMBER 2017, AS VARIED BY AN ORDER OF THE COURT OF APPEAL DATED 3 APRIL 2019

On 3 April 2019, the Court of Appeal varied an Order of the High Court dated 12 December 2017 relating to various injunctions protecting the interests of INEOS Shale (and associated companies) ("INEOS"), its supply chain and its landlords from unlawful activity posed by activists opposed to hydraulic fracturing.

The injunctions were originally granted at a hearing on 28 July 2017, in light of the mounting opposition, threats and unlawful conduct faced by shale gas operators.  In the proceedings in the High Court, the Court held that the risk of the infringement of INEOS’ rights was imminent and real and granted interim injunctions against four categories of 'Persons Unknown', defined by reference to the unlawful conduct prohibited. Such unlawful conduct included trespass on INEOS’ land and unlawful interference with INEOS' right of access to its land.

Pursuant to the Order of the Court of Appeal dated 3 April 2019, the High Court Order dated 12 December 2017 was varied so that the injunctions shall, with effect from 3 April 2019, apply to prohibit unlawful conduct in the form of trespass on INEOS' land and unlawful interference with INEOS' right to access INEOS' land by 'Persons Unknown'.

The injunctions are to be maintained pending remission to the High Court for consideration as to whether further interim relief should be granted in the light of section 12(3) of the Human Rights Act 1998, and if it is so granted, what temporal limit is appropriate.

Earlier injunctions granted by the High Court relating to two further categories of 'Persons Unknown', which related to the prohibition of obstruction of the highway and obstructing of or unlawful interfering with those suppliers working for INEOS, have been discharged and therefore no longer remain in force.

Notice of the Court of Appeal Order dated 3 April 2019 is set out below.

Links to the full text of the High Court Order dated 12 December 2017, as varied by the Court of Appeal Order dated 3 April 2019 (the “Order”), are also provided at the bottom of this page.  

Breach of the Order will amount to a contempt of court.

WARNING: HIGH COURT INJUNCTION IN FORCE
HIGH COURT CLAIM NO: HC-2017-002125


TO: PERSONS UNKNOWN AS MORE PARTICULARLY DEFINED IN AND DESCRIBED AS THE FIRST AND SECOND DEFENDANTS IN THE ORDER DATED 12 DECEMBER 2017 (THE "DEFENDANTS")

FROM: (1) INEOS UPSTREAM LIMITED, (2) INEOS 120 EXPLORATION LIMITED, (3) INEOS PROPERTIES LIMITED, (4) INEOS INDUSTRIES LIMITED, (5) JOHN BARRIE PALFREYMAN, (6) ALAN JOHN SKEPPER, (7) JANETTE MARY SKEPPER, (8) STEVEN JOHN SKEPPER, (9) JOHN AMBROSE HOLLINGWORTH, AND (10) LINDA KATHARINA HOLLINGWORTH (THE "CLAIMANTS")

IF YOU THE WITHIN-NAMED DEFENDANTS OR ANY OF YOU, DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.

Links to copies of the following documents can be accessed below

  • - the High Court Order dated 12 December 2017 (as varied by the Court of Appeal Order dated 3 April 2019);
  • - the Court of Appeal Order dated 3 April 2019;
  • - the Court of Appeal Judgment dated 3 April 2019;
  • - the High Court Judgement dated 23 November 2017;
  • - the Application Notice dated 31 July 2017; and
  • - the Amended Claim Form.


Court communications:
all communications about the Order should be sent to the Court Manager, High Court of Justice (Ref: HC-2017-002125) (details found at https://courttribunalfinder.service.gov.uk/courts/rolls-building)

Claimants' solicitors: Fieldfisher LLP whose address is Riverbank House, 2 Swan Lane, London EC4R 3TT (Telephone number: 0207 861 4000; Email address: IneosTeam@fieldfisher.com).Subject to the Defendant(s) providing their name(s), address(es) and proof of identity when making a written request to the Claimants' solicitor (quoting reference OTD/INEOS), the Claimant will promptly make available to the Defendant(s) the Court documents, witness evidence and exhibits via an online file hosting service.