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ARTICLE · 14 JANUARY 2025

The Right To Protest – When Will The Courts Intervene When Protestors' Identities Are Unknown?

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

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The article analyzes the Shell UK Ltd v Persons Unknown case, exploring injunctions against protestors in England and Scotland, balancing ECHR rights with business operations, and the Aarhus Convention defense, with a focus on environmental protestor legal protections.

United KingdomLitigation, Mediation & Arbitration
John MacKenzie
John MacKenzie
Jamie Hadden
Jamie Hadden
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Analysing the decision in Shell UK Ltd v Persons Unknown, specifically considering the requirements for an injunction/ interdict against persons unknown in England compared to Scotland, the balance of the right to protest with the right to carry out lawful business, and the Aarhus Convention defence advanced in the Shell case.

Shell UK Ltd v Persons Unknown (the "Shell Case")

On 5 December 2024, the English High Court granted a final injunction against "persons unknown" and 13 named defendants. The case involved three separate claims by Shell Group entities, which were dealt with together.

Shell's three claims sought to protect its property from the actions of environmental protestors. The claims were in relation to its Haven Oil Refinery in Essex (the "Haven Claim"); its Shell Centre Tower in London (the "Tower Claim"); and Shell Petrol Stations (the "Petrol Stations Claim").

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