High Court injunctions
An injunction is a court order – instructions given by a court of law – that sets out conditions prohibiting the person(s) named in it from engaging in the behaviour detailed in the injunction. An injunction can also exclude the person from specified places or areas.
Injunctions provide a way of protecting an organisation or individual from being threatened or harassed by another person or associated persons.
Organisations targeted by single-issue protesters have been able to use High Court injunctions to reduce the day-to-day activities of protesters and to provide reassurance to employees and their families.
High Court injunctions have also provided clarity to protest groups and activists by defining what constitutes an acceptable level of protest.
Obtaining a High Court injunction against domestic extremist activity
Organisations and individuals targeted by single-issue protesters can apply to the High Court for an injunction under the Protection from Harassment Act 1997.
All injunctions differ, however, they usually specify:
- when demonstrations can take place
- exclusions areas around property, and
- how to contact the (targeted) organisation.
The High Court grants an injunction between the 'claimants' – the organisation, individual directors or employees, and the 'defendants' – the protest group(s) or named activists.
Section 3(6) of the Act makes it a criminal offence to disobey a Protection of Harassment Act injunction without reasonable excuse. Police officers have the power to arrest individuals who commit this offence subject to a necessity test.
How to apply for a High Court injunction
If you want to apply to obtain a High Court injunction, you should contact a law firm that specialises in this type of legal work.
When applying for an injunction, you should also contact your local police force because they will be responsible for policing the injunction.
