Solicitors Celebrate High Court Injunction Ruling

Walker Smith Way Solicitors representing unemployed electrician Stephen Acheson, who has been supported by his union Unite, have spoken out following the High Court’s ruling to deny Scottish and Southern Energy an injunction against him.

Walker Smith Way in Chester has been acting on behalf of Mr Acheson, who began protesting outside Fiddler’s Ferry Power Station, where he used to work, last December. He undertook the peaceful protest to highlight his dismissal, which he believes is linked to an illegal blacklist database which earmarks individuals involved in union activities.

Unite member Acheson is one of more than 3,000 workers whose names appeared on the illegal blacklist used by over 40 major construction firms, uncovered by the Information Commissioner's Office earlier this year. As a result 14 firms found in breach of the Data Protection Act were served with enforcement notices and face prosecution if they fail to adhere.

Commented Walker Smith Way solicitor Mike Keenan, who represents Mr Acheson: “Scottish and Southern Energy originally attempted to get their injunction ‘without notice’, that is, without Mr Acheson being given details of the time, date or place – this was denied. Thankfully we have been able to ensure that Mr Acheson was properly represented in the High Court.

“The judge accepted Walker Smith Way’s argument that there was no evidence to suggest that Mr Acheson intended to enter the site and his protest had been restricted to appearing on the pathway at the entrance and displaying banners. We also argued that it was not clear from Scottish and Southern Energy’s evidence whether they did own the land on which he mounted his protest.”

Concluded Mike: “I believe that this decision shows that the law can’t be used to suppress an individual’s democratic right to peaceful protest. The judge has described Scottish and Southern Energy’s claims that Mr Acheson was a risk to staff and site security as ‘fantasy bordering on the edge of paranoia’. We are delighted that Mr Acheson has been vindicated in this way, however, we are concerned that Scottish and Southern Energy’s subcontractor BMSL continues to avoid addressing his original grievances regarding his dismissal and blacklisting. We will carry on pressing for a just outcome.”

Unite's assistant general secretary Les Bayliss commented: "Scottish and Southern tried to cook up a fictional story to try to prevent a Unite member from holding a peaceful protest against blacklisting in construction outside Fiddler's Ferry power station. This was a blatant attack on the rights we hold dear in a democratic society and we are pleased that the judge saw right through Scottish and Southern's bogus arguments."

Since Mr Acheson was blacklisted four years ago regular work has dried up and he has only been employed for 16 weeks in that time. Said Mr Acheson: “I want to get back into work – I am not a troublemaker and this has had a big impact on my wife and children.”

Scottish and Southern Energy has been ordered to pay Mr Acheson’s costs and the judge has advised the company that the question of whether he was trespassing on the power station’s land should be dealt with appropriately in a local County Court.

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