Friends of the Earth to challenge “fundamentally unfair” anti-protest injunctions

Environmental campaign group Friends of the Earth has filed an application with the European Court of Human Rights (ECtHR), challenging the use of anti-protest injunctions in the UK.

Anti protest injunctions are taken out against unknown and unidentifiable defendants instead of named defendants, thereby “maximising” the range of people who can be caught by their terms, the group noted.

Those found in breach of the orders face potential imprisonment, more severe sentences than the criminal justice system, asset seizures and costs.

Friends of the Earth said: “These orders can and do have a chilling impact on peaceful, lawful protest, and have been used by companies like oil and gas exploration company Cuadrilla - which was at the forefront of efforts to exploit UK shale gas - to target anti-fracking protestors.”

The group argue that anti-protest injunctions obtained against unknown and unidentifiable defendants breach human rights safeguards under national law and our international human rights obligations.

The application will centre on articles 10 and 11 (freedom of expression) and article 6 (right to a fair trial) of the European Convention of Human Rights.

The group’s appeal to the ECtHR follows a Supreme Court ruling in November last year over the use of injunctions that targeted both the Gypsy and Traveller communities and environmental protesters.

The Supreme Court held that the court has power to grant 'newcomer injunctions' aimed at stopping unauthorised encampments by unknown persons, but only in circumstances where there is a "compelling need" to protect civil rights or to enforce public law that is not adequately met by other available remedies.

Friends of the Earth said: “The Supreme Court imposed significant constraints [on the use of injunctions] relating to Gypsy and Traveller communities, but it made clear that these constraints do not apply to anti-protest injunctions. This means that environmental protestors continue to be at risk from this parallel system of law enforcement.”

Friends of the Earth is represented by Stephanie Harrison KC, Stephen Clark and Fatima Jichi of Garden Court Chambers and by Wessen Jazrawi at the law firm Hausfeld. 

Friends of the Earth lawyer, Katie de Kauwe, said: “We believe that the increasing use of anti-protest injunctions breach our fundamental rights and stifle peaceful, lawful protest. 

“[…] With the climate crisis spiralling out of control, it’s disturbing that both private companies and public authorities are putting so much effort into preventing people from sounding the alarm, instead of intensifying efforts to build a cleaner future. 

“The European Convention of Human Rights is crucial to protecting the space for citizens to express dissent in a democratic society. We’ve done everything we can to uphold these rights in our domestic courts, so now we’re taking this issue to the European Court of Human Rights.”

Stephanie Harrison, barrister at Garden Court Chambers, said: “Friends of the Earth must be commended for their enduring commitment to defending the right to protest as a cornerstone of our democracy. Peaceful protest is vital to the success of environmental campaigning given the obvious need to continue to press the government and corporations to take the urgent action needed to protect the planet and local communities under threat in the UK and across the world from the climate crisis.”

Lottie Winson