Specific facts set limits to environmental protesting

As courts increasingly arbitrate between private firms and environmental protestors, much will depend on the facts of individual cases, and there might not always be a clear winner

Richard Macrory
Richard Macrory: Courts are increasingly facing the challenge of balancing the legitimate right of protest against the protection of private interests

Protesting against controversial developments such as fracking and genetically modified organisms are a feature of current environmental politics. A recent decision of the High Court concerning protests against oil and gas development contains a useful review of contemporary legal principles where injunctions are sought by companies to prevent demonstrations in the form of direct action on or near their property.

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