Hearing of the application for renewal/modification of the Injunction Orders
On Monday 2 July 2018 an order was made by a High Court judge giving us permission to serve court papers on “persons unknown”, in connection with an application we are making for renewal and modification of the Injunction Orders which were made in August 2017.
The hearing will take place at 10am on Wednesday 11 July in the High Court in Sheffield at The Law Courts, 50 West Bar, Sheffield, S3 8PH.
Copies of the court papers are available below.
High Court Order made 17 August 2017
A High Court judge has ruled that Sheffield City Council has been successful in seeking injunctions against those trespassing within safety barriers around tree replacement works.
Following the decision, anyone trespassing inside a safety zone after 22 August will be in contempt of court and face the risk of a fine and/or imprisonment.
You must not, from 23:59 hours on 22 August 2017 until 23:59 hours on 25 July 2018, within the area shown edged red on the boundary map (being, for the avoidance of doubt, the administrative area of the City of Sheffield):
- enter any safety zone erected around any tree; and/or
- seek to prevent the erection of any safety zone; and/or
- remain in any safety zone after it is erected; and/or
- knowingly leave any vehicle in any safety zone or intentionally place a vehicle in a position so as to prevent the erection of a safety zone; and/or
- encourage, aid, counsel, direct or facilitate anybody else to any of the matters in points 1-4, including by posting social media messages.
If you disobey this order you will be guilty of contempt of court and may be sent to prison or fined or your assets seized.
Important note about access to private property during tree works
Entering a safety zone in order to reach private property cannot be lawful unless there are no other means of accessing that private property. In the exceptional situation where a safety zone has that effect, Amey staff will facilitate bona fide access. They will not facilitate access for the purpose of preventing tree-felling.
Consequently, this exception does not cover an individual who could access the private property without entering a safety zone but enters the safety zone anyway in order to prevent tree-felling.
Filming of protests
The Council will arrange for overt filming of any incident which may be required for evidence in court. This will include the safety zones pursuant to the injunctions but also other areas if it is considered that evidence is required. No one in these areas can have any legitimate expectation of privacy.
The Council does not intend to film peaceful protests away from safety zones or Amey/Council operations provided these are not interfering with work.
Filming will always be overt. The Council’s standing instruction is to avoid filming ordinary members of the public not involved in protests, but on rare occasions that may, of course, happen.