BAA was a misunderstood and misrepresented injunction, say Tim Lawson-Cruttenden and Lacie Kerner
On 6 August 2007 in Heathrow Airport Ltd and others v Garman and others [2007] All ER (D) 28 (Aug), the High Court granted Heathrow Airport Ltd (HAL) an injunction, the purpose of which was to restrain any unlawful and/or tortious activity directed by environmental activists during the course of the Camp for Climate Action 2007 (CfCA 2007) which took place between 14 and 21 August 2007. The injunction took effect from midnight on 7 August 2007 and expired at midnight on 31 August 2007.
HAL’s application was controversial and was the subject of vitriolic criticism by London mayor Ken Livingstone, who made uncomplimentary remarks about the Spanish firm Ferrovial, likening it to the Franco regime. The media portrayed the application as illiberal and repressive, and claimed that HAL was seeking to prevent up to six million individuals from visiting the airport during August 2007. The media frenzy generated by the application sought to criticise HAL and the BAA management for the steps which they took to manage CfCA 2007.
However,
