There was laughter in the public gallery and even the judge smiled this afternoon at Manchester Civil Justice Centre as fracking company Cuadrilla and fellow claimants tried to ban everyone in the world who might be opposed to fracking from going to Little Plumpton.
They even tried to get an injunction applied to cover anyone `encouraging or instructing' people to protest via social media.
"The claimants accepted that their wording of the injunction wanted to stop the world protesting against fracking and environmental matters, not just on the site that was occupied but a significant amount of land near Preston" solicitor Simon Pook, who was acting for the anti-fracking defendants, told the Salford Star after the hearing.
In court, Pook also questioned the claimants' wording, trying to get anyone `encouraging and instructing' people to protest via social media included within the injunction. He explained that anyone posting messages on anti-fracking sites could have been covered by the injunction.
"The judge realised that those terms, if they had been applied would have breached Article 10 and 11 of the European Convention and had them taken out of the order because it would breach human rights" he explained.
The case centred around a possession order for land at Plumpton Hall Farm, where anti-fracking camps including a `Nana Camp' set up by local grannies had been created, and land at Roseacre Hall Farm, where it was thought a camp may be set up.
Cuadrilla has licenses for both sites for `exploratory and fracking purposes', and the company joined with eleven other claimants (mainly landowners) to get an injunction to stop the protests. The possession order on the land went unchallenged by Simon Pook, as everyone had already left the area, and was granted by the judge.
The injunction `preventing further trespass' on large sections of land was granted (although seriously curtailed) until a second hearing on October 8th, to give time for people to object. But it was the wording by Cuadrilla and its co-claimants' legal representative, Tom Roscoe at Wilberforce Chambers, that, at first, raised major human rights concerns but later gave way to laughter, including smiles from the judge, as the absurd implications were spelled out by Simon Pook.
"After lengthy legal debate and discussions, the judge granted and recognised the fundamental right to freedom of protest and freedom of speech of Articles 10 and 11 of the European Convention" said Pook "He significantly curtailed the claimants' application for an injunction to prevent people from peacefully protesting and that's to be welcomed."
Outside the court after the case anti-fracking protectors from all over Lancashire and the North West, including brightly dressed `nanas' and friends, and Salford people who were at Barton Moss, were claiming a victory of sorts. Bez, who was in court, was also staggered by Cuadrilla's curtailing attempts.
"Well it's laughable that they can ban everyone in the world from having any sort of voice or being able to pass any information on about what's going on" he said "It goes against any human rights you can think of. Rightly so, the judge is not happy. So the fight goes on."
That fight is coming back to Barton Moss, Salford, in the near future with fellow fracking firm IGas expected to put in a new planning application. If IGas applied for a similar `worldwide' and `social media' injunction, restrictions could see hundreds of thousands of people opposed to Barton Moss fracking in breach of court orders for merely supporting (`encouraging') anti-fracking actions.
"There is a temporary injunction in place until the parties return in October" said Simon Pook "If the injunction does come back to court our instructions are to contest it."
* There is now an official HM Government e-petition to give British people a vote/referendum on fracking - to view it or sign it click here
Photos by Steven Speed
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