Case No: PT-2025-000552 |
CHANCERY DIVISION
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
sitting as a Deputy Judge of the High Court
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THE MASTER, FELLOWS AND SCHOLARS OF THE COLLEGE OF THE HOLY AND UNDIVIDED TRINITY WITHIN THE TOWN AND UNIVERSITY OF CAMBRIDGE OF KING HENRY THE EIGHTH'S FOUNDATION |
Claimant |
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(1) PERSONS UNKNOWN WHO, IN CONNECTION WITH DIVESTMENT PROTESTS BY "CAMBRIDGE FOR PALESTINE", ENTER OR REMAIN WITHOUT THE CONSENT OF THE CLAIMANT UPON ANY PART OF THE SITE OR LAND (DEFINED BELOW) (2) PERSONS UNKNOWN |
Defendants |
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EUROPEAN LEGAL SUPPORT CENTRE |
Intervener |
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And Between : |
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THE MASTER, FELLOWS AND SCHOLARS OF THE COLLEGE OF SAINT JOHN THE EVANGELIST IN THE UNIVERSITY OF CAMBRIDGE |
Claimant |
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(1) PERSONS UNKNOWN WHO, IN CONNECTION WITH DIVESTMENT PROTESTS BY "CAMBRIDGE FOR PALESTINE", ENTER OR REMAIN WITHOUT THE CONSENT OF THE CLAIMANT UPON ANY PART OF THE SITE OR LAND (DEFINED BELOW) (2) PERSONS UNKNOWN (3) HANK GONZALEZ |
Defendants |
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EUROPEAN LEGAL SUPPORT CENTRE |
Intervener |
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Grant Kynaston (instructed by and for the Intervener in both cases)
Hearing dates: 5 June 2025
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Crown Copyright ©
Andrew Twigger K.C. :
Introduction
The Issues
The Possession Orders – Legal Principles
"The factors included 'the extent to which the continuation of the protest would breach domestic law, the importance of the precise location to the protesters, the duration of the protest, the degree to which the protesters occupy the land, and the extent of the actual interference the protest causes to the rights of others, including the property rights of the owners of the land, and the rights of any members of the public'. At paras 40—41 Lord Neuberger MR identified two further factors as being: (a) whether the views giving rise to the protest relate to 'very important issues' and whether they are 'views which many would see as being of considerable breadth, depth and relevance'; and, (b) whether the protesters 'believed in the views they were expressing'…"
The Possession Orders – Decision
Sufficient importance
Rational connection
Less intrusive measure
Balance
The Injunctions – Legal Principles
"Counsel for the Secretary of State for Transport has submitted and we accept that each of these cases has called for a full and careful assessment of the justification for the order sought, the rights which are or may be interfered with by the grant of the order, and the proportionality of that interference. Again, in so far as the applicant seeks an injunction against newcomers, the judge must be satisfied there is a compelling need for the order. Often the circumstances of these cases vary significantly one from another in terms of the range and number of people who may be affected by the making or refusal of the injunction sought; the legal right to be protected; the illegality to be prevented; and the rights of the respondents to the application. The duration and geographical scope of the injunction necessary to protect the applicant's rights in any particular case are ultimately matters for the judge having regard to the general principles we have explained." (emphasis added
The Injunctions – Decision
1. Cause of Action
2. Full and frank disclosure by the Claimant
3. Sufficient evidence to prove the claim
4. No realistic defence
5. Balance of convenience – compelling justification
6. Ziegler
7. Damages not an adequate remedy
8. Identifying persons unknown
9. The terms of the injunction
"a. Entering onto any part of the Site (whether the Land or otherwise) for the purpose of protesting without first complying with the terms of the Code and the Policy.
b. Obstructing or otherwise interfering with access to or from the Site,
c. Erecting any tent or other structure, whether permanent or temporary, on any part of the Site,
d. Causing, assisting or encouraging any other person to do any act prohibited by sub-paragraphs (a) to (c) above, and
e. Continuing any act prohibited by sub-paragraphs (a) to (c) above."
"a. Entering onto any part of the Site (whether the Land or otherwise) for the purpose of protesting without first complying with the terms of the Code where applicable or, if not applicable, seeking and obtaining the prior permission of the Claimant in writing."
10. The prohibitions must match the claim
11. Geographic boundaries
12. Temporal limits - duration
13. Service
14. The right to set aside or vary
15. Review
16. Permission to bring a contempt application
Conclusion