Case - Department of Transport & Ors v Williams & Ors

[1993] TLR 627, High Court - Lord Hendy QC, Michael Ford QC

Appeal by protesters against motorway extension construction against injunctions restraining them from trespass and obstructing the contractors from their work where some protesters had made a peaceful protest but others had become violent, tearing down fences and sabotaging or obstructing vehicles. HELD: Offences had been proved under s.303 Highways Act 1980 but since the acts were tortious, the civil action would lie and an injunction could be granted-see R v Chief Constable of Devon & Cornwall, ex parte Central Electricity Board (1982) QB 458 [FN 1. However it was necessary to consider the position of each protester and whether it was necessary to grant an injunction against him. Orders against Mr Plumstead and Mrs Lambert set aside but appeals by other defendants dismissed.

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