This judgment, delivered remotely on December 5, 2024, addresses three claims involving Shell and environmental protesters. The court considered whether Shell should be granted final injunctions against unnamed individuals and specific protesters who disrupted Shell’s operations in 2022.
Background
The case revolves around protests against Shell’s fossil fuel activities, which the protesters argue contribute to climate change. They claim their actions are necessary to raise awareness and push for government action against fossil fuel use.
The judgment details various protests targeting Shell’s facilities, including blocking access to oil refineries and petrol stations, which led to significant disruptions and damage.
Legal Framework
The court examined the relevance of the Aarhus Convention, which protects environmental defenders from legal penalties for their activism. The protesters argued that granting injunctions would violate this convention.
The court granted Shell’s requests for injunctions to prevent future unlawful protests at three locations: the Haven Oil Refinery, Shell Centre Tower, and various petrol stations. The injunctions are intended to protect Shell’s legal rights while allowing for lawful protests.
The injunctions will last for five years, with provisions for annual reviews to ensure they remain necessary and proportionate.
Shell decided not to seek costs against the protesters, which relieved them of potential financial burdens. At the very end of legal submissions on the second listed day of the hearing, Shell announced through counsel that it would not be seeking costs against the named defendants in this claim. This was announced in open court without notice to the court or the two attending defendants
Conclusion
The court found sufficient evidence to support Shell’s claims and determined that the injunctions were justified to prevent future disruptions. The judgment emphasises the need to balance the rights of protesters with the rights of businesses to operate without unlawful interference.
This judgment highlights the ongoing legal and social tensions surrounding environmental protests and the fossil fuel industry, reflecting broader concerns about climate change and public safety.
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