Fawley: Judge bans unlawful protests against new 60-mile pipeline

Mr Justice Julian Knowles granted a "permanent injunction" against a named protester, Scott Breen, and "persons unknown" after an application by lawyers representing Esso.

The judge, who had considered evidence at a High Court hearing in London, outlined his reasoning in a written ruling and referred to a "campaign of protest".

Another judge had previously granted an interim injunction.

Mr Justice Knowles heard that the pipeline would stretch more than 60 miles (more than 100km) between Hampshire and a west London terminal in Hounslow when complete.

READ MORE: Esso under fire over new pipeline from Southampton to London

Esso said there had been 15 incidents that had "affected" the construction of the pipeline between December 2021 and August 2022.

Timothy Morshead KC, who led Esso’s legal team, had argued that there was a "continuing need" to "restrain unlawful protests".

Mr Morshead said "activities carried out by some protesters" had gone “far beyond” what “might reasonably be regarded as lawful and peaceful” protest – and given rise “to serious health and safety concerns”.

He told the judge that the risk of repetition was “obvious”.

Mr Justice Knowles said he had taken into account protesters’ human rights to free speech and peaceful assembly and was “satisfied” Esso was entitled to the injunction it sought.

“The campaign of protest which the pipeline has attracted is plainly intended to impede (Esso’s) ability to construct the pipeline and to harm it economically,” he said.

“Having considered the issues and the evidence, the balancing exercise I have performed comes down very clearly in (Esso’s) favour given the importance of the works and the threat posed by the protesters to disrupt and cause damage.”

The judge said neither Mr Breen nor any other protester had appeared at the hearing.

He heard that Esso operated a network of oil pipelines from its refinery in Fawley to fuel terminals across England.