IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

BEFORE: MR JUSTICE BENNATHAN

Claim No: QB-2021-003576, QB-2021-003626, QB-2021-003737

B E T W E E N:

NATIONAL HIGHWAYS LIMITED

Claimant

-and-

(1) PERSONS UNKNOWN CAUSING THE BLOCKING OF, ENDANGERING, OR PREVENTING THE FREE FLOW OF TRAFFIC ON THE M25 MOTORWAY, A2, A20 AND A2070 TRUNK ROADS AND M2 AND M20 MOTORWAY, A1(M), A3, A12, A13, A21, A23, A30, A414 AND A3113 TRUNK ROADS AND THE M1, M3, M4, M4 SPUR, M11, M26, M23 AND M40 MOTORWAYS FOR THE PURPOSE OF PROTESTING

(2) MR ALEXANDER RODGER AND 132 OTHERS

Defendants

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ORDER

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PENAL NOTICE

IF YOU THE WITHIN NAMED DEFENDANTS AND PERSONS UNKNOWN OR ANY OF YOU DISOBEY THIS ORDER OR INSTRUCT OR ENCOURAGE OTHERS TO BREACH THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANTS TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED

IMPORTANT NOTICE TO THE DEFENDANTS

This Order prohibits you from doing the acts set out in this Order. You should read it very carefully. You are advised to consult a solicitor as soon as possible.

UPON the application of the Claimant for summary judgment (“the Application”)

AND UPON hearing Myriam Stacey QC, Admas Habteslasie and Michael Fry for the Claimant, and Owen Greenhall for Jessica Branch being a person who is not a party to the proceedings but who was permitted to make representations pursuant to CPR r. 40.9.

AND UPON the Claimant confirming that this Order is not intended to prohibit lawful protest which does not block or endanger, or prevent the free flow of traffic on the Roads defined in paragraph 4 of this Order (“the Roads”).

IT IS ORDERED THAT:

1. The “Named Defendants” are now those Defendants with their numerical designations (e.g. D1, D2 etc.) whose names appear in the revised and re-numbered Schedule 1 annexed to this Order to reflect the Order made at paragraph 8.

2. The “Contemnor Defendants” refers to a sub-set of the Named Defendants, being the Named Defendants who have been found in contempt of Court in these proceedings, namely:

2.1. Ana Heyatawin (D5)

2.2. Ben Taylor (D10)

2.3. Benjamin Buse (D11)

2.4. Biff Whipster (D12)

2.5. Christian Rowe (D17)

2.6. David Nixon (D23)

2.7. Diana Warner (D27)

2.8. Ellie Litten (D124)

2.9. Emma Smart (D31)

2.10. Gabriella Ditton (D32)

2.11. Indigo Rumbelow (D110)

2.12. James Thomas (D40)

2.13. Louis McKechnie (D54)

2.14. Oliver Rock (D74)

2.15. Paul Sheeky (D76)

2.16. Richard Ramsden (D81)

2.17. Roman Paluch-Machnik (D84)

2.18. Ruth Jarman (D88)

2.19. Stephanie Aylett (D92)

2.20. Stephen Gower (D93)

2.21. Stephen Pritchard (D94)

2.22. Sue Parfitt (D96)

2.23. Theresa Norton (D101)

2.24. Tim Speers (D102)

3. The term “Defendants” refers to both “persons unknown” as defined as First Defendant in paragraph 6, the Named Defendants, and the Contemnor Defendants.

4. For the purposes of this Order, “the Roads” shall mean all of the following:

4.1. The M25, meaning the London Orbital Motorway and shown in red on the plans at Appendix 1 annexed to this Order.

4.2. The A2, A20, A2070, M2 and M20, meaning the roads shown in blue and green on the plans at Appendix 2 annexed to this Order.

4.3. The A1(M) (Junction 1 to Junction 6), A1 (from A1M to Rowley Lane and from Fiveways Corner roundabout to Hilltop Gardens), M11 (Junction 4 to Junction 7), A12 (M25 Junction 28 to A12 Junction 12), A1023 (Brook Street) (from M25 Junction 28 roundabout to Brook Street Shell Petrol Station access), A13 (M25 Junction 30 to A1089), A13 (from junction with A1306 for Wennington to M25 Junction 30), A1089 (from junction with A13 to Port of Tilbury entrance), M26 (whole motorway from M25 to M20), A21 (M25 to B2042), A23 (M23 to Star Shaw), M23 (Junction 7 to Junction 10 (including M23 Gatwick Spur)), A23 (between North and South Terminal Roundabouts), A3 (A309 to B2039 Ripley Junction), M3 (Junction 1 to Junction 4), A316 (from M3 Junction 1 to Felthamhill Brook), A30 (M25 Junction 13 to Harrow Road, Stanwell, Feltham), A3113 (M25 Junction 14 to A3044), M4 (Junction 1 to Junction 7), M4 Spur (whole of spur from M4 Junction 4 to M4 Junction 4a), M40 (Junction 7 to A40 at Fray’s River Bridge), M1 (Junction 1 to Junction 8), A405 (from M25 Junction 21A to M1 Junction 6), A1 (from Fiveways Corner roundabout to Hilltop Gardens), and A414 (M1 Junction 8 to A405), meaning the roads shown in red on the plan at Appendix 3 annexed to this Order;

4.4. In the case of each of the Roads, the reference to the Roads shall include all carriageways, hard shoulders, central reservations, motorway (including the A1(M)) verges, slip roads, roundabouts (including those at junctions providing access to and from the Roads), gantries, traffic tunnels, traffic bridges including in the case of the M25 the Dartford Crossing and Queen Elizabeth II Bridge and other highway structures whether over, under or adjacent to the motorway/trunk road, together with all supporting infrastructure including all fences and barriers, road traffic signs, road traffic signals, road lighting, communications installations, technology systems, lay-bys, police observation points/park up points, and emergency refuge areas.

Consolidation and Consequential Amendments

5. The three claims (QB-2021-003576, 003626 and 00737) are hereby consolidated.

6. The Claimant has permission to amend the description of the First Defendant in the consolidated claim to:

PERSONS UNKNOWN CAUSING THE BLOCKING OF, ENDANGERING, OR PREVENTING THE FREE FLOW OF TRAFFIC ON THE M25 MOTORWAY, A2, A20 AND A2070 TRUNK ROADS AND M2 AND M20 MOTORWAY, A1(M), A3, A12, A13, A21, A23, A30, A414 AND A3113 TRUNK ROADS AND THE M1, M3, M4, M4 SPUR, M11, M26, M23 AND M40 MOTORWAYS FOR THE PURPOSE OF PROTESTING

7. As this is a simple amalgamation of the existing categories of the First Defendants in each of the original claims, the requirements in the CPR to amend other documents in the proceedings and to serve those amended documents on the Defendants is dispensed with.

8. The following defendants are to be removed as defendants:

8.1. Tam Millar

8.2. Hannah Shafer

8.3. Jesse Long

8.4. Thomas Franke

8.5. William Wright

8.6. Arne Springorum

8.7. Ben Horton

8.8. Emily Brocklebank

8.9. Marc Savitsky

8.10. Serena Schellenberg

Injunction in Force

9. The Order of Mr Justice Chamberlain dated 17 March 2022 which continued the M25, Kent Roads and Feeder Roads Orders (“Extension Order”) shall continue and remain in force until 23.59 hrs on 9 June 2022. The Injunctions are not repeated within the body of this Order to avoid confusion. The Extension Order less appendices is appended to this Order at Schedule 2.

Interim Injunction

10. From 10 June 2022 and until 23.59 hrs on 9 May 2023 or until further Order the Defendants (excluding the Contemnor Defendants) and each of them are forbidden from:

10.1. Blocking, or endangering, or preventing the free flow of traffic on the Roads for the purposes of protesting by any means including their presence on the Roads, or affixing themselves to the Roads or any object or person, tunnelling within 25m of the Roads, abandoning any object, erecting any structure on the Roads or otherwise causing, assisting, facilitating or encouraging any of those matters.

10.2. Causing damage to the surface of or to any apparatus on or around the Roads including by painting, damaging by fire, or affixing any structure thereto.

10.3 Entering on foot those parts of the Roads which are not authorised for access on foot, other than in cases of emergency.

Final Injunction

11. From 10 June 2022 until 23.59 hrs on 9 May 2023 the Contemnor Defendants and each of them are forbidden from:

11.1. Blocking or endangering, or preventing the free flow of traffic on the Roads for the purposes of protesting by any means including their presence on the Roads, or affixing themselves to the Roads or any object or person, tunnelling within 25m of the Roads, abandoning any object, erecting any structure on the Roads or otherwise causing, assisting, facilitating or encouraging any of those matters.

11.2. Causing damage to the surface of or to any apparatus on or around the Roads including by painting, damaging by fire, or affixing any structure thereto.

11.3 Entering on foot those parts of the Roads which are not authorised for access on foot, other than in cases of emergency.

Alternative service

12. The Claimant is permitted in addition to personal service to serve this Order on Named Defendants by the following methods together:

12.1. service of the sealed Order on Insulate Britain by email to their known email addresses insulatebritainlegal@protonmail.com and ring2021@protonmail.com; and

12.2. posting a copy of this Order through the letterbox of each Named Defendant (or leaving it in a separate mailbox) with a notice affixed to the front door if necessary, drawing the recipient’s attention to the fact the package contains a Court Order. If the premises do not have a letterbox, or mailbox, a package containing this Order may be affixed to the front door marked with a notice drawing the recipient’s attention to the fact that the package contains a court order and should be read urgently. The Notices shall be given in prominent lettering in the form set out in Appendix 4.

13. The Claimants are directed to take the following steps to publicise the existence of this Order:

13.1. Placing copies of the Order on the National Highways website;

13.2. Advertising the existence of this Order in the London Gazette;

13.3. Sending a copy of this Order to Insulate Britain’s known email addresses: ring2021@protonmail.com and insulatebritainlegal@protonmail.com.

14. For the avoidance of doubt, persons who have not been served with this Order by an acceptable method are not bound by its terms. Compliance with paragraphs 12.1 and 13.1 – 13.3 above does not constitute service on any Defendant, nor does a failure to comply with paragraph 13 above constitute a failure of service.

Third-Party Disclosure

15. Pursuant to CPR 31.17, the Chief Constables for those forces listed in Schedule 3 to this Order shall procure that the officers within their forces disclose to the Claimant:

15.1. all of the names and addresses of any person who has been arrested by one of their officers in the course of, or as a result of, protests on the Roads referred to in these proceedings; and

15.2. all arrest notes, body camera footage and/or all other photographic material relating to possible breaches of this Order.

16. Without the permission of the Court, the Claimants shall not make use of any document disclosed by virtue of paragraph 15 of this Order, other than for one or more of the following uses:

(i) applying to name and join any person as a named defendant to these proceedings and to serve the said person with any document in these proceedings;

(ii) investigating, formulating, pleading and prosecuting any claim within these proceedings arising out of any alleged breach of this Order;

(iii) use for purposes of formulating, pleading and prosecuting any application for committal for contempt of court against any person for breach of any Order made within these proceedings.

17. Until further Order, the postal address and/or address for service of any person who is added as a defendant to these proceedings shall be redacted in any copy of any document which is served other than by means of it being sent directly to that person or their legal representative.

18. The Claimant is to serve this order on the Police Representative Assistant Chief Constable Owen Weatherill (owen.weatherill@npocc.police.uk), by email only. Further directions

19. There shall be listed in April 2023 a hearing at which the Court shall review whether it should vary or discharge this Order or any part.

20. The Defendants or any other person affected by this Order may apply to the Court at any time to vary or discharge it but if they wish to do so they must inform the Claimants’ solicitors by email to the addresses specified at paragraph 28 below 48 hours before making such application of the nature of such application and the basis for it.

21. Any person applying to vary or discharge this Order must provide their full name and address, and address for service to the Claimant and to the Court, and must also apply to be joined as a named defendant to these proceedings at the same time.

22. The Contemnor Defendants have a right to apply for summary judgment as against them to be set aside in accordance with CPR PD 24.8.

23. The Claimants have liberty to apply to extend, vary or discharge this Order, or for further directions.

24. No acknowledgment of service, admission or defence is required by any party until further so ordered.

25. Costs reserved.

Communications with the Claimant

26. The Claimant’s solicitors and their contact details are:

DLA Piper UK LLP

Attention: Petra Billing and Rob Shaw

1 St. Paul’s Place

Sheffield S1 2JX

E: petra.billing@dlapiper.com and rob.shaw@dlapiper.com

T: 0207 796 6047 / 0114 283 3312

9 May 2022

BY THE COURT

To see a full copy of this Order together with all appendices please see https://nationalhighways.co.uk/about-us/high-court-injunctions-for-motorways-and-major-a-roads