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AGC CHEMICALS EUROPE LTD v STOP HUNTINGDON ANIMAL CRUELTY

The Protection from Harassment Act 1997 s.3A widened the scope of the Act to encompass non-parties but not to the extent of allowing, without the court's permission, enforcement of an injunction against protestors who were not named defendants in the order.

22 June 2010

The applicant pharmaceutical and chemical companies (X) applied for final orders in proceedings they had brought for injunctions against the respondent animal rights activists (S). X had sought injunctions against S under the Protection from Harassment Act 1997 s.3. S were represented by nominated representatives under CPR r.19.6. Draft orders against each of S were prepared and each order included a paragraph providing that the definition of "defendant" for the purposes of s.3(6) of the 1997 Act included protestors, thereby making them guilty of an offence if they did, without reasonable excuse, anything which they were prohibited from doing by the injunction. X submitted that the insertion of s.3A into the 1997 Act by the Serious Organised Crime and Police Act 2005 extended the meaning of "defendant" in s.3(6) of the 1997 Act to include protestors who were not named defendants.

HELD: There was a distinction between an injunction being binding on a non-party and it not being ...

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