On 23 November 2017, the High Court renewed various injunctions protecting the interests of INEOS Shale ("INEOS") (and associated companies), 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.
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 conduct includes trespass on INEOS’ land, unlawful interference with access to INEOS' land, obstruction of the highway (including by slow-walking, lock-ons and lorry surfing) and obstructing or interfering with those suppliers working for INEOS. A list of all contractors, sub-contractors and group companies protected by the injunction relating to INEOS' supply chain is set out in the link at the bottom of this page.
The injunctions do not prevent anyone effectively exercising their rights to freedom of assembly and freedom of expression.
Notice of the Order is set out below. Links to the full text of the Order, together with the Judgment dated 23 November 2017, are also provided at the bottom of this page.
Breach of the Order will amount to a contempt of court.
HIGH COURT INJUNCTION IN FORCE
HIGH COURT CLAIM NO: HC-2017-002125
NOTICE OF HIGH COURT INJUNCTION ORDER DATED 12 DECEMBER 2017
TO: PERSONS UNKNOWN AS MORE PARTICULARLY DEFINED IN AND DESCRIBED AS THE FIFTH DEFENDANTS IN THE ORDER (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.
THIS INJUNCTION PROHIBITS:
1. THE DEFENDANTS AND EACH OF THEM FROM COMBINING TOGETHER TO COMMIT ANY OF THE FOLLOWING OFFENCES OR UNLAWFUL ACTS:
- PURSUING ANY COURSE OF CONDUCT, WITH A VIEW TO COMPELLING ANOTHER PERSON TO ABSTAIN FROM DOING OR TO DO ANY ACT WHICH THAT PERSON HAS A LEGAL RIGHT TO DO OR ABSTAIN FROM DOING, WRONGFULLY AND WITHOUT LEGAL AUTHORITY, SUCH AS AMOUNTS TO AN OFFENCE UNDER SECTION 241(1) OF THE TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992;
- PURSUING ANY COURSE OF CONDUCT THAT AMOUNTS TO CRIMINAL DAMAGE OR THEFT;
- OBSTRUCTING THE FREE PASSAGE ALONG A HIGHWAY, OR THE ACCESS TO OR FROM A PUBLIC HIGHWAY, BY:
- BLOCKING THE HIGHWAY WITH PERSONS OR THINGS WHEN DONE WITH A VIEW TO SLOWING DOWN OR STOPPING THE TRAFFIC, AND WITH THE INTENTION OF CAUSING INCONVENIENCE AND DELAY TO THE CLAIMANTS AND/OR THEIR VISITORS;
- SLOW WALKING IN FRONT OF VEHICLES WITH THE OBJECT OF SLOWING THEM DOWN, AND WITH THE INTENTION OF CAUSING INCONVENIENCE AND DELAY TO THE CLAIMANTS AND/OR THEIR VISITORS;
- CLIMBING ONTO VEHICLES;
- OTHERWISE, UNREASONABLY AND/OR WITHOUT LAWFUL AUTHORITY OR EXCUSE, OBSTRUCTING THE HIGHWAY, WITH THE INTENTION OF CAUSING INCONVENIENCE AND DELAY TO THE CLAIMANTS AND/OR THEIR VISITORS.
- WITH THE INTENTION OF CAUSING INCONVENIENCE AND DELAY, INCLUDING (BUT NOT LIMITED TO) BY WALKING IN FRONT OF VEHICLES WITH THE OBJECT OF SLOWING THEM DOWN, BLOCKING THE HIGHWAY WITH PERSONS OR THINGS WHEN DONE WITH A VIEW TO SLOWING DOWN OR STOPPING THE TRAFFIC, AND/OR CLIMBING ONTO VEHICLES;
- CAUSING ANYTHING TO BE DONE ON OR OVER A ROAD, OR THAT WHICH INTERFERES WITH A MOTOR VEHICLE, TRAILER OR CYCLE, OR INTERFERES (DIRECTLY OR INDIRECTLY) WITH TRAFFIC EQUIPMENT, IN SUCH CIRCUMSTANCES THAT IT WOULD BE OBVIOUS TO A REASONABLE PERSON THAT TO DO SO WOULD BE DANGEROUS
IN EACH CASE WITH THE INTENTION OF DAMAGING THE CLAIMANTS BY OBSTRUCTING, IMPEDING OR INTERFERING WITH THE LAWFUL ACTIVITIES UNDERTAKEN BY THE CLAIMANT(S) (WHETHER CARRIED OUT BY THEMSELVES OR BY THEIR EMPLOYEES OR BY GROUP COMPANIES)OR BY OBSTRUCTING, IMPEDING OR INTERFERING WITH THE LAWFUL ACTIVITIES UNDERTAKEN BY THE CONTRACTORS OR SUB-CONTRACTORS ENGAGED BY THE CLAIMANTS IN CONNECTION WITH THE CLAIMANTS' SEARCHING OR BORING FOR OR GETTING ANY MINERAL OIL OR RELATIVE HYDROCARBON AND NATURAL GAS EXISTING IN ITS NATURAL CONDITION IN STRATA. A LIST OF THE GROUP COMPANIES, CONTRACTORS AND SUB-CONTRACTORS COVERED BY THIS INJUNCTION APPEARS AT SCHEDULE 22. THIS LIST OF GROUP COMPANIES, CONTRACTORS AND SUB-CONTRACTORS MAY BE UPDATED BY WAY OF PUBLICATION AT https://www.ineos.com/businesses/ineos-shale/injunction/ WITH THE INJUNCTION APPLYING TO SAID GROUP COMPANIES, CONTRACTORS AND SUB-CONTRACTORS FROM THE DATE OF PUBLICATION.
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
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.