HS2 wins court injunction to limit protests along route

By James Smith

20th Sep 2022 | Local News

HS2 protestors in Crackley Wood, Kenilworth (image supplied)
HS2 protestors in Crackley Wood, Kenilworth (image supplied)

HS2 ltd has been granted an "extensive" injunction to tackle unlawful protests along its route from London to Crewe.

Described by legal experts as one of the most extensive of its kind in English legal history, the order makes going onto the high-speed line's land without permission or disrupting work contempt of court.

HS2 said this will not "stop legitimate protest" and welcomed the ruling, but opponents have said it will hinder peaceful demonstrations.

The judgement will apply to 60 identified protestors as well as "persons unknown" and covers a range of different scenarios.

Public rights of way and private land will not be affected.

The injunction, put forward by HS2 and the secretary of state for transport, took four months of consideration from High Court Judge Mr Justice Julian Knowles who looked over nearly 8,000 pages of evidence.

Sitting at Birmingham's Civil Justice Centre, Mr Justice Knowles, said the injunction struck "a fair balance between the rights of the individual protestors and the general right and interests of HS2 and others who are being affected by the protests, including the national economy".

He added that, he had "anxiously considered the geographical extent of the injunction along the whole of the HS2 route", but decided that "such an extensive injunction is appropriate".

Breaking the injunction would be a contempt of court, which can be punishable by a fine or two years in prison.

Activists gave evidence in court claiming the injunction would also inhibit legal protests and would "hammer another nail into the coffin of the climate crisis".

An HS2 spokesperson said it would not be used to stop law-abiding protestors and said: "As Mr Justice Knowles makes clear, this injunction will not, and is not intended to, stop legitimate protest.

"Instead, we hope the injunction will prevent the violence, intimidation, and criminal damage these protests have frequently caused, harming the HS2 project and those working on it, and costing the UK taxpayer millions of pounds."

     

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