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Operations & Assets Pipe up Simon Tilling & Alice Yan Businesses that are prepared for a protest stand a better chance of reducing its impact – or even deterring it altogether P three billion light bulbs burning for more than a year. Over the coming months a team will complete the decommissioning process and make the station safe for eventual demolition. RWE said that Tilbury remains an excellent site for power generation and it will now review future plans for the site. If you have an asset or project you would like to see featured in this slot, please send your pictures and details of the project to: paul.newton@fav-house.com rotests and direct action are on the rise. At the highest level, they can bring utility operations to a standstill – for example, in October last year, No Dash for Gas activists shut down West Burton gas-fired power station for seven days by occupying the flues. But even at a lower level, they can disrupt business – for example, when protesters put up blockades on land or public highways near protest sites, or set up camps such as the one that flourished at Cuadrilla's site in Balcombe. There is no doubt that direct action comes at a significant cost to business, both in terms of financial impact and unwelcome publicity. However, businesses often find it difficult to recover their losses in the courts. Civil claims against protesters are often curtailed by the limited assets of the individuals and are painted by some as "bullying" tactics – attracting further negative press. In the West Burton incident, operator EDF claimed £5 million losses, but There is often the court case settled without little warning recovery of that sum. of action; with There is often little warning of action; with social media, social media, the mobilisation the mobilisation of protesters can be rapid. But businesses of protesters that are prepared – both legally can be rapid and practically – stand a much better chance of reducing the impact and, in certain circumstances, deterring a protest altogether. Here are our top tips: Be prepared. Experience shows that quick, decisive action in advance of a protest is often more effective than action afterwards. Businesses or in-house legal teams might consider preparing an emergency response pack of up-to-date court documents ready to be completed and filed, saving precious hours in the event of a tip-off that a protest is about to take place. Co-operate with the police. The local police are often more willing to take action under their own powers once they know the court has issued an injunction prohibiting the activities that are taking place, so working closely with the police is key to the response strategy. Co-operate with the local council and neighbours. Good relations with the owners or occupiers of adjacent premises or the local council (if public land) is essential to commencing legal action to ward off protesters anticipated to occupy surrounding land. Be realistic. The real value of seeking early legal action is in deterrence. Of course, it will not deter the most determined protesters, but if some individuals can be dissuaded or be diverted to other, less prepared, targets, then a prompt response will inevitably reduce the momentum of the protest and may reduce its longevity. Simon Tilling, senior associate and Alice Yan, solicitor at Burges Salmon LLP UTILITY WEEK | 22nd - 28th November 2013 | 23