THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
The Honourable Mr Justice Nicklin : 1.
This judgment deals with the Claimants’ application to vary the interim injunction that was granted on 10 November 2021 (“the variation application”) (see Section B: [13]-[17] below). It also deals with a discrete point about whether Gillian McGivern has become a defendant to the proceedings (see Section F: [81]-[88] below). A: Background 2. The general background to the litigation, and the reasons for granting the injunction are contained in the judgment handed down on that date ([2021] EWHC 2996 (QB)) (“the Injunction Judgment”). (1) Alternative service orders 3. On 12 August 2021, the Court granted permission for alternative service of the Claim Form on the “Persons Unknown” Defendants. The order provided: “Pursuant to CPR Part 6.14, 6.15, 6.26 and 6.27 the Claimants have permission to serve the Tenth Defendant, Persons Unknown, by the following alternative forms of service: (1) Affixing copies (as opposed to originals) of the Claim Form, the Injunction Application Notice, draft Injunction Order and this Order permitting alternative service, in a transparent envelope on the gates of the First and Third Claimants’ Land and in a prominent position on the grass verge at the front of the First and Third Claimant’s Land. (2) The documents shall be accompanied by a cover letter in the form set out in Annexure 2 explaining to Persons Unknown that they can access copies of (a) the Response Pack; (b) evidence in support of the Alternative Service and Injunction Applications; and (c) the skeleton argument and note of the hearing of the Alternative Service Application at the dedicated share file website at: [Dropbox link provided]” (3) The deemed date of service for the documents referred to in (1) to (3) above shall be two working days after service is completed in accordance with paragraphs (1) to (3) above. 4. The Defendants (including those in the category of “Persons Unknown”) were required to file an Acknowledgement of Service 14 days after the deemed date of service. 5. Similar orders have been made for service of the Claim Form by an alternative method on the additional categories of Persons Unknown Defendants as they have been added to the claim. Following the imposition of the exclusion zone by the interim injunction order of 10 November 2021, the location at which the relevant documents were to be displayed was moved to a noticeboard opposite the entrance of the Wyton Site.
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