North Warwickshire Borough Council v Persons Unknown & Ors

Facts

North Warwickshire Borough Council brought proceedings against named individuals and several categories of persons unknown connected with protest activity at Kingsbury Oil Terminal in Warwickshire, one of the largest inland oil terminals in the country. After a trial, North Warwickshire Borough Council v Barber & Others [2024] EWHC 2254 (KB) (NWBC 1), HHJ Emma Kelly granted an injunction by order dated 6 September 2024. The injunction prohibited protests within the Terminal and restricted certain protest activity in its locality. A power of arrest was attached under section 27 of the Police and Justice Act 2006. The injunction was to run until 4pm on 6 September 2027, subject to annual reviews. A first review hearing took place on 18 September 2025, and judgment followed in [2025] EWHC 2403 (KB) (NWBC 2). By the First Review Order dated 21 October 2025, the injunction and power of arrest were continued without amendment, save for their discharge against the 16th Defendant, who had been included by a typographical error. The second review was listed for 18 September 2026 but was adjourned to 7 October 2026 because the court had failed to list it. The Council had served the First Review Order on the named defendants only in early September 2026. At the adjourned hearing, which no defendant attended, the Council also sought relief from sanctions for late compliance with several aspects of the First Review Order.