Climate activists face ‘crippling’ legal fees for injunctions banning protest
Posted: 20th September 2023
Climate activists have told openDemocracy they are being hit with “crippling” bills totalling thousands of pounds because of legal action brought by government and public bodies to prevent protests.
Injunctions – orders issued through civil courts, usually to ban something – are increasingly being used to crack down on climate demonstrations, activists say, in what they believe is an attempt to silence dissent.
Both National Highways and Transport for London (TfL) have named supporters of environmental campaign groups Insulate Britain and Just Stop Oil on injunctions intended to stop protests on certain roads in recent years. One person named on a TfL injunction told openDemocracy they have never even protested in London.
Breaching an injunction can lead to a contempt of court conviction, which is punishable by up to two years’ imprisonment, an unlimited fine and the seizure of assets.
One Just Stop Oil protester said they had been warned by their lawyers that those who go to trial to fight an alleged breach and lose could be made to pay up to £150,000 to £200,000 in legal fees, while accepting a breach could incur costs of between £5,000 and £20,000.
The protester told openDemocracy that the costs could leave defendants vulnerable to “the kinds of debts which could cripple you and potentially make you homeless”.
Raj Chada, a partner at law firm Hodge Jones & Allen who represents a number of Insulate Britain supporters, said the way injunctions are now being used is “astonishing” and something he’s never seen before in 15 years of working with protesters.
“The injunctions that are currently being used have always been there but it has never been the case that National Highways Agency or TfL would seek injunctions to completely prevent protests in certain areas,” he said.
Yesterday, it was reported that Rishi Sunak is considering weakening the government’s net-zero commitments, including by delaying a ban on the sale of new petrol and diesel cars, watering down the phasing out of gas boilers, and scrapping plans for new energy-efficiency targets for private rented homes.
Such actions are likely to lead to increased environmental protests. Climate activists say the use of injunctions is one way the government has been cracking down on such protests in recent years, alongside new police powers to shut down demonstrations deemed too disruptive, and existing public nuisance laws that can see people imprisoned for up to ten years for taking part in civil resistance.
Chada agrees, saying: “This government in particular doesn’t like being challenged by groups such as Just Stop Oil or Extinction Rebellion.”
Hefty fees
National Highways is a government-owned company responsible for operating, maintaining and improving motorways and major A-roads in England.
According to a court document seen by openDemocracy, National Highways initially sought costs of £727,573 for legal fees incurred in securing injunctions blocking protests on and around the M25. Split between more than 130 climate activists it named on its injunctions, this would have worked out at more than £5,000 per person.
Those named in an interim injunction must go to court to negotiate its full terms, or to try to have their names removed or the injunction overturned. During this process, which can take years, the terms of the interim injunction – which can be harsher than the final parameters – are binding.
In the National Highways case, the court granted a final injunction against 24 people who were found in contempt of court for breaching the interim injunction. It also issued an anticipatory injunction against a further 109 people, meaning they were injuncted in anticipation of potential wrongdoing.
The court ruled that the 109 people who weren’t found in contempt of court should pay £1,500 in interim payments towards National Highways’ legal fees, while the remaining 24 will pay £3,000. The full extent of the costs will be determined at a later hearing.
Labour councillor Giovanna Lewis, an Insulate Britain supporter who has been fighting the National Highways injunction on behalf of all defendants, says the financial consequences are far-reaching. Some of the 133 people injuncted have had to set up payment plans to pay legal fees. Missed payments could result in a visit from bailiffs.
Annie, a 66-year-old retired grandmother from Dorchester, is among those paying off the £1,500 ordered by the court. She believes the government is “trying to squash” protesters.
After being left feeling “shocked” and “horrified” to hear of people dying of cold in their own homes, Annie took part in three road-blocking Insulate Britain protests in the south of England in September 2021. She was arrested and charged with wilful obstruction of the highway, a criminal offence. Thinking that was it, the injunction issued days later came as a shock.
“We were suddenly getting these people in black knocking on the door and trying to deliver massive letters to us,” she said. “This is both National Highways Ltd and TfL. I’ve kept everything, it’s all in a box and there’s between 10 kilograms and 12 kilograms of mail.”
Annie described feeling hounded by lawyers trying to deliver injunction documents. “It came to a point where if I knew that I was making arrangements with friends, I’d ask them not to knock on the front door and come around the back. I just stopped answering,” she said.
A spokesperson for National Highways said people were added to the injunction due to evidence that they “had previously been engaged in protests on or near our roads shortly before or after the injunction order was made, and therefore posed a risk of breaching the injunction in future”. They added that such evidence typically came from the police after arrests.
A spokesperson for TfL also said the names of protesters it included on an injunction that it sought due to “continuing threats of disruptive protests from Just Stop Oil and Insulate Britain” were disclosed by the Metropolitan Police.
‘Anxious and vulnerable’
Organisations applying for an interim injunction don’t have to prove any of the claims they make, according to Green and Black Cross, a grassroots project that helps protesters with legal matters. Companies can name specific people, wider groups, or ‘persons unknown’ who have protested against the organisation or are believed to be likely to do so.
Insulate Britain and Just Stop Oil supporters told openDemocracy that those who are named are being forced to front expensive legal fees to fight the injunction. The hourly rate for a solicitor in London with more than eight years’ experience is £512, according to government guideline figures.
If they lose the case and are injuncted against, the activists can also be made to pay the legal fees of the winning side. The court has discretion over how much they should pay.
Mya, who is also the subject of multiple injunctions, was arrested in November 2022 after attempting to climb a gantry over the M25 with Just Stop Oil. She told openDemocracy that costs for people who admit to breaching a National Highways injunction range from £5,000 to £20,000.
These figures were described as “broadly correct” by National Highways, though they said the amount would “vary from person to person, taking into consideration individual circumstances, the severity of the breach and the number of breaches”.
Mya said: “I think the injunctions are there to try and deter people. And then they’re there to also keep people caught up in all these legal proceedings and to try to impoverish people so that they’re more concerned about trying to earn money to pay things off, rather than trying to campaign on the climate crisis.”
As well as the hefty financial costs, Chada told openDemocracy that the human impact of the injunctions has left people feeling “concerned, anxious, vulnerable and fearful of what the cost of their actions will now be”.
“It really is just quite astonishing – the chilling effect of what all of this could be,” he said.
A National Highways spokesperson said: “Our primary concern is always safety – protesting on the strategic road network is extremely dangerous to the protesters and motorists.
“It’s right that dangerous and reckless protesters who disrupt our strategic road network should face the necessary consequences; anyone intending to protest on these roads should know that they run the risk of imprisonment and/or an unlimited fine. People rely on the strategic road network for so many things and they have a right to expect it to operate as it should.”
TfL said it is “doing all it can to ensure that London’s road network operates safely and efficiently and that vital emergency service vehicles are able to move freely through the city”.