Oxfordshire County Council v Ben Cullen & Ors

Facts

Oxfordshire County Council is the highway authority for most highways in the county, in which the surface of the highway vests under section 263 of the Highways Act 1980. From August 2025 individuals, some identified and some not, including people associated with movements called Raise the Colours and Raise the Colours Oxfordshire, affixed Flags of St George and Union Flags to lampposts, lighting columns, signs, barriers and railings across Oxfordshire, and painted flags on highway surfaces. The council repeatedly removed the flags, but they were replaced. Council employees and contractors engaged in removal were obstructed, filmed, followed to their depot, "named and shamed" online and, on the evidence filed, had tracking devices attached to vehicles; a councillor who voiced concern received abusive and threatening emails and found flags affixed in her residential street. On 30 March 2026 the council sent a cease and desist letter to the named defendants; Raise the Colours replied on 21 April 2026 denying all the allegations. Letters before action sent on 14 May 2026 drew no response. The council then issued proceedings in the King's Bench Division against four named defendants — Ben Cullen, Kevin Good, Ryan Bridge and Trudy Wells — and against persons unknown defined by their intended conduct, seeking injunctions restraining the affixing and painting of flags, obstruction of removal work and harassment of its members, officers and contractors.