At the High Court on Friday 28th April, the Liberty Lawyers, representing five of the six defendants injuncted by RWE NPower, appealed to the Judge to withdraw the injunction which NPower had obtained by what is considered to be extremely flimsy evidence, and which had yet to be tested in Court.
The Judge at a previous hearing, realising that NPower's evidence comprised copious amounts of chaff, had directed both parties to come to a common agreement on an "undertaking" which, by agreement of all the people named on the Injunction, not to act in a certain way would enable the Injunction to be lifted. However, because one of the Defendents, Ant Bailey, was not represented and was not present in Court (he is believed to be ill) the Judge could not do what the Liberty Lawyers requested but using the basis of the undertaking which had been thrashed out between Liberty and NPower's lawyers, he used this to issue a watered down Injunction, removing several of NPower's previous clauses.
NPower are claiming this is all down to them, but having seen their draft revised injunction, it was just as draconian as the first, and the final effort was the result of negotiation by Lawyers acting on behalf of Dr. Peter Harbour in conjunction with Liberty.
The viral clause which meant that anyone knowing of the injunction was covered by it, even if they hadn't read it, was removed. The area covered by the Injunction was reduced. The ban on photography and filming was lifted. There is a ban on identifying NPower's contractors and publishing their photographs in various media.
The terms of the injunction are slightly more easy to understand than previously and the right to peaceful protest is allowed. For further information, please read the press release