Pre-emptive site protection injunctions: Preparing for protest
In recent years, landowners have obtained pre-emptive injunctions against 'persons unknown' to protect their sites against trespass and other unlawful obstructive acts (known as a "newcomer injunction"). Sites which have received the benefit of such protection include large development sites, university campuses, local authority land, sports venues and oil and gas sites.
Recent action
Last summer, we saw this protection being deployed in the context of airports: Stansted, Manchester or Heathrow (to name but a few) obtained pre-emptive injunctions against persons unknown to prohibit trespass on their land and other disruptive acts. This included prohibiting 'lock-ons', blocking access to passenger gates, and stopping traffic on the runway. These injunctions sought to protect not only the smooth running of traffic and the business operations of the airports – a single delay can have drastic knock-on effects - but also the safety of passengers, staff and protesters alike.
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Subscribe nowMore recently, universities have sought out newcomer injunctions in connection with protest action that has been a continuing feature on many university sites as a result of the ongoing Gaza conflict. These injunctions have served as a means of limiting disruption to campus sites and preventing health and safety issues, whilst supporting the right to protest and to freedom of speech within the law.
Latest developments
As these recent cases have gone through the Courts, the courts have continued to refine the requirements that applicants must meet in order to obtain pre-emptive injunctions against persons unknown. This includes the ways in which injunctions must be served, their scope and the temporal limits that ought to apply. Being on top of this fast-evolving area of law is critical.
However, not all attempts to obtain a newcomer injunction have been successful. On 27 February 2025 the University of Cambridge obtained a narrow and time-limited injunction against protestors from disrupting graduation ceremonies. However, its attempt to impose a five-year injunction failed due to various reasons, including the last-minute timing of the application and the applicant's failure to provide a full factual picture. This has emphasised the fact that the courts scrutinise such applications hard and, where they consider that an injunction does not establish the right balance, will refuse to grant such relief.
Here to help
The Fieldfisher Real Estate Litigation team has acted on a number of landmark injunctive relief decisions. We therefore have extensive experience in seeking and obtaining pre-emptive injunctions against persons unknown, whether in respect of disruptive protester action against the oil and gas industry, in respect of university campuses or in relation to acts of trespass on development land. Please do not hesitate to get in touch with Antony Phillips, Partner and head of Real Estate Litigation or Alice Rieuneau, Senior Associate, or any other member of the Real Estate Litigation team.
