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Sheffield City Council v Fairhall & Others and Persons Unknown [2018] EWHC 1793

DATE: 26 Jul 2018

His Honour Judge Robinson sitting as a Judge of the High Court. 

The case concerned controversial tree-felling in Sheffield. The city council claimed to be entitled to fell trees in performance of its statutory powers and duties to maintain the highway. Males J had previously granted an injunction in 2017 directed a ‘direct action’ by protestors in and around ‘safety zones’. The judge had to consider whether the principles relating to extensions and variations of orders permitted the injunction to be extended and adjusted to take account of developments since the original grant of the injunction. The Council had agreed a form of order with certain defendants and applied for an order in the same terms against other defendants.

The court granted the application, holding that an extension of the injunction for a further 18 months was justified and that it was appropriate to adjust the terms of the injunction to prohibit such conduct as ‘geckoing’ and the obstruction of access and egress to the safety zone.

Katharine Holland QC and Yaaser Vanderman represented the council.