Two anti-war activists have had a temporary injunction against them lifted due to an arms manufacturer's "woeful" preparations for trial.
The activists have staged a rooftop protest and a roadblock in the past
Mr Justice Walker made the comment at the High Court in London on Thursday.
The injunction originally related to 12 people alleged to have taken part in a "concerted campaign" of harassment against EDO MBM Technology in Brighton.
The firm settled with 10 of the protesters last month, but the remaining two refused the agreement.
Mr Justice Walker removed the interim injunction which remained in force on them, accusing EDO of "woeful neglect" in its preparations towards obtaining a permanent injunction.
The judge criticised them for not prosecuting the case quickly enough.
The company's court action began in April 2005. A trial had been due to take place in November but is now expected this summer.
The temporary injunction, made by Mr Justice Gross under the Protection from Harassment Act, prevented anti-war protests within 50 metres of EDO's premises, in Home Farm Road.
Mr Justice Walker said on Thursday: "The question whether such activities should be restrained by order of the court is a matter to be determined at a trial in the summer term."
The judge added that any act of protest in the meantime deemed to "prejudge that determination" could see interim injunctions put back in place.
The 10 protesters who reached agreement with EDO in February made undertakings relating to the future conduct of their campaign.
The company's former managing director, David Jones, alleged that employees, security guards and sub-contractors had been subjected to intimidation and insults in the past.