Drax coal protestors face persoanl liability claims

Orinoco | 08.09.2008 08:16 | Climate Camp 2008 | Climate Chaos

Whistleblower leaks documents.

Leaked papers show that up to 30 protestors involved in the Drax train protest could be sued for damages arrising from the delay.

dmages are estimated to be in the 10s of thousands. Observers suggest that this could be a ploy to enagage well funded protest organisations such as Greenpeace.

Orinoco

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The exact opposite

08.09.2008 11:48

No, that's not a ploy to involve the solvent part of the protest community. That's a ploy to EXCLUDE them from taking part.

The reality is that our rights to protest/do civil disobedience does not mean that such actions are protected against civil actions for damages that result. Block a business for a day, and they can sue you for that loss. And win. Even a "necessity defense" that might protect you against criminal charges doesn't mean that anybody you damaged by the necessary action has to pick up the bill.

Of course whether that makes sense for them to do that depends upon whether you are "actionable". The old saying applies, "can't get blood out of a turnip". So if you are a penniless protestor, the threat of a 100,000 judgement against you means little; the days of debtors prison are long past. On the other hand, it's a serious threat to keep away protestors who might own their own homes, cars, etc.

Mike Novack
mail e-mail: stepbyspefarm mtdata.com

Nearly £200,000

08.09.2008 21:57

No leak, it was stated publicly by the crown prosecution solicitor that 3 companies seek compensation amounting to almost £200,000. The 3 are network rail, EWS rail-freight and Drax. That's roughly £6k per defendant. Anyone feel a benefit gig coming on?

Meanwhile, at Maidstone crown court, Greenpeace is defending an action against Kingsnorth coal-fired power station and is putting figures on how much CO2 emissions cost in terms of damages to property and livelihood. Which shows 2 things, first, that the charges and claims of companies can be defended and second, although we all know that climate change kills, a life has no (monetary) value in multinational land.

Malcolm

malcolm carroll
mail e-mail: malcolm.carroll@btinternet.com