In April 2022 following several protests at the Kingsbury Oil Terminal North Warwickshire Borough Council applied to the High Court for an Order to prohibit the disruptive elements of those protests.
Background
In April 2022 following several protests at the Kingsbury Oil Terminal which caused a number of significant safety risks and large-scale disruption to the operation of the Terminal and the local community, working in partnership with Warwickshire Police, North Warwickshire Borough Council applied to the High Court for an Order to prohibit the disruptive elements of those protests. On 14 April 2022 the High Court made an Order which restricted certain behaviour whilst allowing peaceful and lawful protests to continue. On 5 May 2022 the High Court varied that Order slightly to clarify the areas in which lawful protesting could take place.
Even though lawful protests could take place at the location a number of those attending the site refused to comply with the Order and committed acts which breached it. This led to Warwickshire Police arresting 139 people in the vicinity of the Terminal, followed by committal proceedings in which the Court found that 70 individuals had committed 108 breaches of the Order. The breaches included entering the site and tampering with equipment, blocking the highway to stop traffic, and then climbing on fuel tankers, and digging tunnels under the public highway. The Court imposed various sanctions for the breaches, including prison sentences and fines.
This number of breaches shows that the Order is necessary and, were it not in place, there would be a significant risk of further disruption to the community, including risk of harm to individuals and their property.
The Current Applications
A person claiming to be connected to Extinction Rebellion has now applied to the High Court to set aside the Order arguing that it is a breach of human rights. The Council has now also made an application to the Court asking it to make the following Orders:
- To list the case for a full hearing so that the Court can decide whether to make a Final Order which prohibits the disruptive behaviour concerned.
- To add those 139 people who have been arrested as named Defendants.
- To allow the Council to serve copies of the application by alternative means in relation to those Defendants and proposed Defendants for which the Council has no current address.
- To dismiss the application to set aside the Order.
Documents
Copies of the following documents can be found on the Council’s website
- The Council’s current Application to the Court and supporting witness statement.
- The Interim Injunction Order made in 2022 and Power of Arrest.
- The Claim form and supporting documentation.
Hearing
The Court hearing for these applications is likely to take place at the High Court in Birmingham. The Court will shortly issue a notice giving the time and place of the hearing. A copy of that notice will then be added to the Council’s website.
Copies of Documents
Copies of the documents referred to at A to C above can be obtained by contacting the following:
legalservices@NorthWarks.gov.uk