Judge bars unlawful protests against Esso oil pipeline project

Mr Justice Julian Knowles on Thursday granted a ‘permanent injunction’ after an application by lawyers representing Esso.

Brian Farmer
Thursday 31 August 2023 14:49 BST
A High Court judge has barred ‘unlawful protests’ against an Esso oil pipeline project between Southampton and London (Dominic Lipinski/PA)
A High Court judge has barred ‘unlawful protests’ against an Esso oil pipeline project between Southampton and London (Dominic Lipinski/PA) (PA Archive)

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A High Court judge has barred “unlawful protests” against an Esso oil pipeline project between Southampton and London.

Mr Justice Julian Knowles on Thursday granted a “permanent injunction” against a named protester, Scott Breen, and “persons unknown” after an application by lawyers representing Esso.

The judge, who had considered evidence at a High Court hearing in London, outlined his reasoning in a written ruling and referred to a “campaign of protest”.

Another judge had previously granted an interim injunction.

Mr Justice Knowles heard that the pipeline would stretch more than 60 miles (more than 100km) between Hampshire and a west London terminal in Hounslow when complete.

Esso said there had been 15 “incidents” which had “affected” the construction of the pipeline between December 2021 and August 2022.

Timothy Morshead KC, who led Esso’s legal team, had argued that there was a “continuing need” to “restrain unlawful protests”.

Mr Morshead said “activities carried out by some protesters” had gone “far beyond” what “might reasonably be regarded as lawful and peaceful” protest – and given rise “to serious health and safety concerns”.

He told the judge that the “risk of repetition” was “obvious”.

Mr Justice Knowles said he had taken into account protesters’ human rights to free speech and peaceful assembly and was “satisfied” that Esso was entitled to the injunction it sought.

“The campaign of protest which the pipeline has attracted is plainly intended to impede (Esso’s) ability to construct the pipeline and to harm it economically,” he said.

“Having considered the issues and the evidence, the balancing exercise I have performed comes down very clearly in (Esso’s) favour given the importance of the works and the threat posed by the protesters to disrupt and cause damage.”

The judge said neither Mr Breen nor any other protester had appeared at the hearing.

He heard that Esso operated a network of oil pipelines from its refinery in Fawley, near Southampton, to fuel terminals across England.

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