HS2 and the Transport Secretary, the plaintiffs in the case, applied to the high court to ban the route across the route on March 22, arguing that illegal protests had prevented the route from being built. The plaintiffs said the protesters had committed trespass and nuisance offences. Dozens of environmental activists opposed the injunction request and some testified during the hearing. An appeal is now being considered, according to lawyers representing one of the environmental activists. Nicola Hall of Robert Lizar Solicitors, representing campaigner James Knaggs, said: “This is a disappointing result. This order represents a significant extension of the powers of a government limited company to control and police large areas of land across England. There is concern that it is a wide-ranging restriction on protests against HS2 and is extremely geographically wide. It applies to very large tracts of land, much of which is unfenced and unmarked.” In the judgment handed down on Tuesday, Justice Knowles said: “I am satisfied that the risk of trespass and nuisance will continue unless abated.” In evidence to the court, environmental campaigners said HS2 would “put another nail in the coffin of the climate crisis”. Although the judge accepted that “potentially huge areas of land are affected”, he said he was satisfied that “there has been significant violence, crime and at times risk to the lives of activists, HS2 staff and contractors”. Campaigners gave evidence that the order would hinder their ability to protest peacefully against HS2. The judge said he was granting a temporary rather than a final injunction. “The right to peaceful protest has long been upheld at common law…however these rights are not unlimited. I reject the suggestion that the order will have an illegal, chilling effect. There are built-in safeguards.” He added: “I consider that the proposed order strikes a fair balance between the rights of individual protesters and the general rights and interests of HS2 and others affected by the protests, including the national economy.” Archie Bland and Nimo Omer take you to the top stories and what they mean, free every weekday morning Privacy Notice: Newsletters may contain information about charities, online advertising and content sponsored by external parties. For more information, see our Privacy Policy. We use Google reCaptcha to protect our website and Google’s Privacy Policy and Terms of Service apply. However, the judge raised concerns about a particular restraint technique used on a protester by HS2 contractors, which was shown in a video in which the contractor appeared to kneel on a protester’s neck. Staffordshire Police investigated the incident at the time and decided that no further action would be required. “You don’t have to think about George Floyd to know that it’s an incredibly dangerous thing,” the judge said. Floyd was killed by an American police officer who knelt on his neck in Minneapolis on May 25, 2020. Knowles urged HS2 to take steps to ensure dangerous containment techniques are not used in the future. A spokesman for HS2 Ltd said: “HS2 Ltd welcomes this judgment and its approval of the full route ban. As Justice Knowles makes clear, this order will not and is not intended to stop lawful protest. Instead, we hope the order will prevent the violence, intimidation and criminal damage that these protests have often caused, damaging the HS2 project and those working on it and costing the UK taxpayer millions of pounds.’
