UK Oil & Gas Investments Plc (2) Kimmeridge Oil & Gas Ltd (3) Magellan Petroleum (UK) Ltd (4) Horse Hill Developments Ltd (5) UKOG (GB) Ltd v Persons unknown Who are Protestors against the Exploration and/or Extraction of Mineral Oil or Relative Hydrocarbon or Natural Gas by the Claimant(s) and Who are Involved in the Following Acts or any of them:
| Jurisdiction | England & Wales |
| Judge | Mr John Male |
| Judgment Date | 03 September 2018 |
| Neutral Citation | [2018] EWHC 2252 (Ch) |
| Court | Chancery Division |
| Docket Number | CLAIM NO. PT-2018-000160 |
| Date | 03 September 2018 |
[2018] EWHC 2252 (Ch)
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY TRUSTS AND PROBATE LIST (CH)
Royal Courts of Justice
Strand, London, WC2A 2LL
Mr John Male QC
(sitting as a Judge of the Chancery Division)
CLAIM NO. PT-2018-000160
Mr Timothy Polli QC and Mr Sam Madge-Wyld (instructed by Hill Dickinson LLP) for the Claimants
Ms Stephanie Harrison QC, Mr Stephen Simblet, Mr Tim BaldwinandMr Owen Greenhall (instructed by Bhatt Murphy) for the Seventh to Twelfth Defendants
Mr Stephen Simblet and Ms Ruth Brander (instructed by Bhatt Murphy) for Friends of the Earth Limited
Hearing dates: 2 nd, 3 rd, 4 th and 5 th July 2018
Further written submissions on behalf of the Seventh to Twelfth Defendants and Friends of the Earth Limited: 13 th July 2018
Further written submissions on behalf of the Claimants: 17 th July 2018
Judgment Approved by the court for handing down (subject to editorial corrections)
Mr John Male QC (sitting as a Judge of the Chancery Division):
Introduction
This is an application by the Claimants for interim injunctions until trial or further order. The injunctions sought relate to protests at sites in Surrey and Sussex where the Claimants carry out conventional oil or gas exploration and/or extraction and at the First Claimant's headquarters offices in Guildford.
The Claimants were represented by Mr Timothy Polli QC and Mr Sam Madge-Wyld. The Seventh to Twelfth Defendants were represented by Ms Stephanie Harrison QC, Mr Stephen Simblet, Mr Tim Baldwin and Mr Owen Greenhall. During the course of the hearing, Friends of the Earth Limited (“FOE”), who were represented by Mr Simblet and Ms Brander, were joined as the Thirteenth Defendant. I heard argument on the application from 2 to 5 July 2018. After the hearing I received further written submissions on 13 and 17 July 2018.
The skeleton arguments on behalf of the Seventh to Twelfth Defendants and FOE ran to almost 90 pages. In addition to their skeleton in support of the application, the Claimants provided a Supplementary Skeleton in reply to the skeletons of the Seventh to Twelfth Defendants and FOE. Further written submissions were made after the hearing. I was also provided with five bundles of authorities running to almost 90 enclosures. Making allowance for half a day of reading, I was addressed orally for about three and a half days.
I have carefully considered all the arguments raised by Counsel. I cannot deal with each and every argument, but I will deal with the main points. Accordingly, I will deal with the following matters:
(1) The parties and the sites.
(2) Procedural matters.
(3) The Ineos case.
(4) Events at the sites.
(5) The level of recent and current activity at the sites.
(6) The particular causes of action relied upon by the Claimants.
(7) The Human Rights Act 1998.
(8) Use of the persons unknown procedure.
(9) The appropriate tests for injunctive relief.
(10) FOE's concerns, including chilling effect.
(11) Whether I should grant any relief.
(12) Summary and relief.
(1) The parties and the sites
The Claimants
The First Claimant, UK Oil & Gas Investments PLC (“UKOG”), is an oil and gas investment company. It is the most active onshore exploration company in the United Kingdom and is the largest Petroleum Exploration and Development Licence (“PEDL”) holder in the south of England. It is behind various exploration, appraisal and oil production projects in the UK. The Second Claimant, Kimmeridge Oil & Gas Limited (“KOGL”), is a wholly owned subsidiary of UKOG. It occupies the Broadford Bridge Site described below. The Third Claimant, Magellan Petroleum (UK) Limited (“Magellan”), is a company that is an indirect wholly owned subsidiary of Tellurian Inc., which is a multi-national company incorporated in Delaware USA, but operationally based in Houston, Texas. The Fourth Claimant, Horse Hill Developments Ltd (“HHDL”), is a company which is the operator and partner of Magellan in the Horse Hill Site described below. It is 49.9% owned by UKOG. The Fifth Claimant, UKOG (GB) Limited (“UKOG GB”), is a wholly owned subsidiary of the First Claimant. It is the operator of the Markwells Wood Site mentioned below.
UKOG's and HHDL's commercial activities include onshore oil and gas exploration and extraction, appraisal and development activities which utilise conventional exploration, drilling and production techniques. UKOG does not undertake the process of massive hydraulic fracturing of rock formations, commonly known as “fracking”.
Oil and gas exploration can only be carried out under a PEDL issued by the Oil and Gas Authority (“OGA”), on behalf of the UK Government. It also requires planning permission from a local planning authority, environmental permits from the Environment Agency (“ EA”) and the consent of the Health and Safety Executive. UKOG has interests, held directly or indirectly, in a portfolio of UK onshore oil and gas assets held under PEDLs. UKOG's assets are located in the Weald Basin, in the south of England, where there is a long history of low impact well construction and production operations. Oil and gas drilling activities in the Weald have taken place for over 100 years with approximately 170 wells drilled to date. Thirteen sites currently produce oil and gas in the Weald.
The sites
Before I describe the Defendants, it is convenient next to identify the three sites with which this application is concerned. Using the definitions in the draft injunction order, they are as follows. First, there is the Broadford Bridge Site which is an area of land forming part of Woodbarn Farm, Broadford Bridge, Billingshurst, West Sussex. Secondly, there is the Horse Hill Site which is an area of land on the west side of Horse Hill, Horley, Surrey. Thirdly, there is the Head Office, which comprises the premises known as Crossweys House, 28–30 High Street, Guildford. At one time, the Claimants also sought an order in relation to a site at Markwells Wood, but that is no longer pursued.
The Broadford Bridge Site
KOGL occupies the Broadford Bridge Site pursuant to an Exploration Agreement dated 4 May 2012, made between the freehold owners of that Site and KOGL under its previous name, Celtique Energie Weald Limited. Pursuant to this agreement, KOGL were granted “exclusive possession of the Site [defined as comprising 4.76 acres at Woodbarn Farm] for the purpose of enabling the Company to undertake exploration and to search for petroleum including the drilling and testing of wells and to grant a lease of the Site if required by the Company and to exercise the other rights and interests referred to herein on the terms set out below.” Under this agreement, KOGL is entitled to exclusive use and occupation of the Broadford Bridge Site, together with access to it. There was no dispute that that right to exclusive use and occupation entitled KOGL to maintain a claim in trespass.
KOGL owns a PEDL which permits it to drill at the Broadford Bridge Site. Planning permission was obtained from West Sussex County Council in February 2013 for the development of a temporary bore hole, well site compound and access road including ancillary infrastructure. That planning permission expired in September 2017. KOGL applied successfully to extend the permission to September 2018. Environment Agency permission to operate a mining waste operation was granted in 2014 and again in 2017.
The well at the Broadford Bridge Site was drilled to target Kimmeridge Limestone rocks (at a depth of approximately 2,500 to 4,000 feet below the surface). The Kimmeridge Limestone rock intervals are extensively naturally fractured which enables oil to flow into a well at good rates. As a result, the well does not involve the use of fracking.
According to the evidence of Mr Kevin Lee, the Solicitor acting for the Claimants, the construction of the Broadford Bridge Site is complete and drilling has also been completed. However, Mr Lee also says that KOGL's activities on site will continue in 2018 in accordance with the relevant permissions. The extent of such activities was the subject of further written submissions after the hearing.
The Horse Hill Site
Magellan is the registered proprietor of a leasehold interest in the Horse Hill Site. HHDL is the operator at the Horse Hill Site, which is sometimes referred to as the “Gatwick Gusher”. Magellan and HHDL jointly hold the PEDL relating to this...
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