Jockey Club v Persons unknown
SIR ANTHONY MANN Approved Judgment
x) Injunctions of this kind should be reviewed periodically – paragraph 225. “This will give all parties an opportunity to make full and complete disclosure to the court, supported by appropriate evidence, as to how effective the order has been; whether any reasons or grounds for its discharge have emerged; whether there is any proper justification for its continuance; and whether and on what basis a further order ought to be made.”
xi) Where possible, the claimant must take reasonable steps to draw the application to the attention of those likely to be affected – paragraph 226.
xii) Effective notice of the order must be given, and the court must disclose to the court all steps intended to achieve that – paragraphs 230ff.
xiii)
The order must contain a generous liberty to apply – paragraph 232.
xiv) The court will need to consider whether a cross-undertaking in damages is appropriate even though the application is not technically one for an interim injunction where such undertakings are generally required. 19. The court recognised that not all the general requirements laid down will be applicable in protester, as opposed to Traveller, cases. I have borne that in mind, and have, as I have indicated, omitted reference to some of the matters which do not seem to me to be likely to apply in protester cases. 20. In the course of argument Mr MacLean drew to my attention two decisions of Ritchie J in High Speed Two (HS2) Ltd v Persons Unknown [2024] EWHC 1277 (KB) and Valero Energy Ltd v Persons Unknown [2024] EWHC 134, and to the decision of Farbey J in Exolum Pipeline System Ltd v Persons Unknown [2024] EWHC 1015 (KB). Other than to observe that in the third of those cases Farbey J drew attention to the need to balance the claimant’s claim against the Article 10 (free speech) and Article 11 (freedom of association) rights of the protesters (which I shall do) I do not think it necessary to refer to those cases which apply Wolverhampton to their particular circumstances. I have, however, borne those cases in mind.
Decision
21. Taking all those matters into account, I find that it is appropriate to grant a newcomers injunction in this case, with the appropriate safeguards. I deal with the procedural matters which Wolverhampton requires to be taken into account in the following manner, following the sub-paragraph numbering appearing above. (i) It is clear enough that there is a threat of wrongful behaviour against which the Jockey Club with its proprietary rights is entitled to be protected. Real harm will be caused if it is not stopped – see my earlier judgment. There plainly was a very substantial risk of wrongdoing when I made my first order in the case, and that is demonstrated by the acts of Mr Newman which were carried out in the face of the injunction. The greater risk is to the running of the Derby meeting because of the publicity and attention which that race involves, but there still a risk to other meetings. The only question about this is whether that risk should be seen to have gone away because of the more recent pronouncements of Animal Rising and the removal of the threats from the website. I do not consider that it has gone away. Those who associate
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