MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
Annex 3: The relief sought by the Claimants contra mundum In the draft order provided to the Court as part of their closing submissions, the Claimants seek the following by way of contra mundum injunction: “UNTIL AND SUBJECT TO ANY FURTHER ORDER OF THE COURT OR UNTIL AND INCLUDING [date – 3 years from the date of grant] (WHICHEVER IS SOONER) IT IS ORDERED THAT: 1. Any person with notice of this Order MUST NOT (1) Enter the following land: (a) The First Claimant’s land at MBR Acres Limited, Wyton, Huntingdon PE28 2DT as set out in Annex 1 (‘the Wyton Site’); (b) The Third Claimant’s land known as B&K Universal Limited, Field Station, Grimston, Aldbrough, Hull, East Yorkshire HU11 4QE as set out in Annex 2 (‘the Hull Site’); (2) approach, slow down or otherwise obstruct any vehicle entering or exiting the Wyton Site (3) during the course of protesting against the First Claimant’s business activities, enter into, remain upon or park any vehicle or place any other item (including, but not limited to, banners) in the area marked with black hatching on the plan at Annexe 1 (“the Exclusion Zone”). For the avoidance of doubt, the Exclusion Zone extends to 20 metres on both sides of the gate to the Wyton Site, measured from the centre of the gate, and extends from the boundary of the Wyton Site up to the midpoint of the B1090 Sawtry Way that runs adjacent to the Wyton Site. Nothing in this prohibition shall prevent any person from accessing the areas of the Exclusion Zone comprising adopted highway in a manner unconnected with protesting and for the purpose of passing and re-passing along the highway, or for any purpose incidental thereto and otherwise permitted by law; (4) during the course of protesting against the First Claimant’s business activities, approach, slow down or otherwise obstruct any vehicle that is entering or exiting the Exclusion Zone; (5) during the course of protesting against the First Claimant’s business activities, approach, slow down or otherwise obstruct any vehicle that is travelling to or from the Wyton Site and is within a one-mile radius of the Wyton Site; (6) fly a drone or other unmanned aerial vehicle at a height of less than 100 meters over the Wyton Site.
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