Monsanto

Monsanto's proceedings against GM protesters started in July 1998 after 5 women pulled up plants on one of Monsanto's test site in Oxfordshire as part of a campaign against GM testing. Monsanto's sole concern was to seek to protect its lawful business against any further attacks.

For that reason, Monsanto did not press for criminal charges against the protesters (which would have been a purely punitive step), but instead sought through the civil process, and obtained an (interim) injunction against those individuals who had caused the damage. The injunction was solely a preventative step, to restrain them from carrying out a similar act in the future.

Subsequent to the July 1998 injunction, two further injunctions were granted, both of which bound not only the named protesters but also the protest group, genetiX snowball.

On Thursday 25 November, The Court of Appeal gave judgment in favour of Monsanto, granting a permanent injunction against the individuals and the active supporters of the group. The protesters' argument that their unlawful acts were justified in the public interest to attract publicity for their campaign, was rejected and described as "an astonishing proposition" by one of the Lord Justices in his judgment. Monsanto chose not to pursue a costs order against the protesters, which was described as a "generous" concession by the Court.

The Court of Appeal made the Order for (permanent) injunction in the form proposed by Monsanto, which includes a provision requiring the protesters, forthwith, to place a copy of the Order on the genetiX snowball website. http://www.gn.apc.org/pmhp/gs/campaign.htm

The Defendants applied for leave to appeal to the House of Lords, which was refused.