温馨提示：本站仅提供公开网络链接索引服务，不存储、不篡改任何第三方内容，所有内容版权归原作者所有
AI智能索引来源：http://www.5rb.com/case/smithkline-beecham-others-v-avery-webb
点击访问原文链接

Smithkline Beecham & Others v Avery & Webb - 5RB Barristers

进入原网站 导航首页
Smithkline Beecham & Others v Avery & Webb - 5RB Barristers Call 5RB+44 (0)20 7242 2902 Menu About us Our work People Barristers Support team Recruitment Resources Cases News Publications Articles 5RB Talks Links Contact Contact us Enquiry Visit us Urgent injunctions Complaints procedure Register for 5RB updates Barristers Cases Smithkline Beecham & Others v Avery & Webb Reference: [2007] EWHC 948 (QB)

Court: Queen's Bench Division

Judge: Teare J

Date of judgment: 9 May 2007 Summary: Injunction - Interim Injunction - Harassment - Protection from Harassment Act

Download: Download this judgment

Instructing Solicitors: In-house solicitor of the first applicant for the applicants; the first respondent appeared in person and by his litigation friend; the second respondent did not appear and was not represented.

Facts The Claimants were customers of Huntingdon Life Sciences (“HLS”). They feared that, unless restrained, those who protested against the work of HLS and their customers would harass their employees. The Claimants had been granted an interim injunction by Beatson J on 4 April 2007 and sought to continue its terms.

Issue  

(1) Whether the injunction should be continued; and, if so

(2) the appropriate terms of any continued injunction;

(3) whether the Claimants should prospectively have permission to enforce the Order against the represented parties in the litigation, in particular, in relation to potential remedies under s.3(6) Protection from Harassment Act 1997 for breach of the Order.

Held  

(1) The Court was satisfied that a number of incidents demonstrated that there was a serious threat of harassment to the employees of the Claimants. The Claimants had also satisfied the Court that they were likely to establish are trial that publication of the statements complained of would not be permitted (see s.12 Human Rights Act 1998 and Cream Holdings);

(2) the injunction would provide for an exclusion zone and limits on the number of demonstrations and their duration;

(3) permission to enforce the Order against those represented in the proceedings would not be granted prospectively for the same reasons as given by Holland J in Huntingdon Life Sciences Group plc v Stop Huntingdon Animal Cruelty. Until permission to enforce against a person represented in the claim is granted such a person cannot properly be regarded as a party to the claim.

Comment This case – and the cases of Huntingdon Life Sciences Group plc v Stop Huntingdon Animal Cruelty and RWE NPower v Carrol & Others – have all highlighted the important limits on enforcement procedures under s.3(6) Protection from Harassment Act 1997 in the context of proceedings brought against representative defendants. The Claimants’ attempt to overcome this problem by seeking prospective permission to enforce the order was refused by the Court on the basis that it would remove one of the important safeguards in the regime under CPR Part 19.6.

Share Quick linksUrgent advice Enquiry Register for 5RB updates Latest news 5RB Hosts BVL, PASS and MTAttB Placement Students Read more

Judgment in TPI on Meaning in Belafonte v NGN Read more

High Court hears the first application to strike out a claim as a SLAPP under CPR 3.4(2)(d) Read more

Jonathan Scherbel-Ball reappointed to Advisory Council on National Records and Archives Read more

Phone hacking limitation trial begins Read more

TPI on Meaning in Belafonte v NGN Read more

£50,000 damages and an injunction awarded in TikTok libel claim Read more

Sunday Times granted transparency order in care proceedings about fabricated or induced illness Read more

View news archive Latest cases Bradley v CM & others [2026] EWHC 125 (Fam)

Optosafe Limited & Anr v Robertson [2026] EWHC 12 (KB) [2026] EWHC 12 (KB)

Blake v Fox [2025] EWCA Civ 1321

Solicitor General v Yaxley-Lennon [2024] EWHC 2732 (KB), [2025] EWCA Civ 476 [2025] EWCA Civ 476

Wei & Ors v Long & Ors [2025] EWHC 158 (KB) [2025] EWHC 158 (KB)

Iqbal v Geo TV Limited [2024] EWCA Civ 1566

View all cases Follow us @5RB Email* NameThis field is for validation purposes and should be left unchanged. 5 Gray’s Inn Square Gray’s Inn London WC1R 5AH T 020 7242 2902

Barristers regulated by the Bar Standards Board

Site Map Privacy Policy Disclaimer Credits

智能索引记录