In recent years, tension between environmental activists and the mining industry in England and Wales has flared up, with protestors increasingly resorting to more disruptive action. While the right to protest is a fundamental tenet of a democratic society, protests of this kind can often result in risks, including for the safety of protestors and workers.
What is a protest injunction?
The term “protest injunction” refers to court orders that restricts individuals and groups from trespassing, obstructing business operations, or causing disruption to critical infrastructure. Seeking these injunctions gives mining businesses the comfort of a deterrent which helps to prevent protests that could present safety hazards to workers, protestors and the general public, as well as extraction activities.
An Example: Shell and Just Stop Oil
In December 2024, Shell and other oil companies sought protest injunctions against protestors who were targeting oil refineries, offices and petrol stations, to prevent interference with the companies’ rights under the civil law, in particular to prevent protestors from entering private land, blocking access, and causing damage to the companies’ property (including by locking themselves to any part of the property and spraying, painting or writing on the property).
This is a sensitive issue, balancing the right to protest, including protestors’ human right to freedom of expression, against the rights of companies to carry on their lawful business. It is important to remember that the courts are not political: they apply the law as it is, and it is the job of the government and parliament to consider the moral and ethical questions and change the law as required.
The Shell case therefore set an important precedent for the ability of the judicial system to address the legal challenges faced by environmental protest, where such protests break the law and put people at risk. It underscores the importance for companies in the sector to be prepared to take legal action to protect their interests.
Key takeaways – protest injunctions
The evolving legal landscape presents challenges and opportunities for mining and mineral companies. Such companies should consider:
- Proactive legal strategies: Mining companies should consider the risk of unlawful protests taking place, especially when there is a credible threat to the safety of people or the company’s ability to operate. Putting a proactive legal strategy in place allows companies to act swiftly when necessary and prevent harmful disruptions.
- Community engagement: Building strong, transparent relationships with local communities can foster open dialogue and reduce the perceived need for disruptive protests. Demonstrating real commitment to environmental and social responsibility will also help build and maintain these relationships.
- Regulatory compliance: Ensuring strict adherence to environmental and safety regulations can help minimise the risk of legal challenges, and assure the courts of a company’s credibility when making a claim (for example a protest injunction), which in turn will increase the likelihood of such an order being made.
How we can assist
We regularly advise clients who are considering injunctive relief against protestors and can assist in several ways:
- Expert legal advice: We can provide prompt and clear guidance on whether an injunction is the right course of action, and help devise effective legal strategies.
- Pre-emptive action: We can get involved at an early stage to help assess the risks and help businesses seek injunctions before protests occur, and advise on steps that can be taken to avoid protests and the need for formal legal action.
- Conducting proceedings: We can handle the drafting and filing of applications for injunctions, and the conduct of the necessary process. We can also address any challenges made to these proceedings.
- Enforcement: We can assist with the enforcement of injunctions and taking further action if such injunctions are breached.
- Reputation protection: We can utilise our experience to assist and support with media strategies (including pulling in industry contacts), to avoid reputational damage from taking legal action.
If you wish to discuss protest injunctions, please contact our Mining and Minerals team who will be happy to help.