THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
C: The evidence (a) Generally 18.
The variation application was originally supported by the ninth Witness Statement of Susan Pressick, the Site Manager and UK Administration & European Quality Manager for the UK subsidiaries of Marshall Farm Group Ltd. This evidence has been supplemented by nine further witness statements, each ostensibly providing an ‘update’ as to events that had happened since the last witness statement. Reliance has also been placed on the earlier eighth witness statement of Ms Pressick. 19. Had the issues not been narrowed by the 7 October 2022 hearing, the large number of witness statements filed by Ms Pressick would have posed significant challenges for both the Court and the named Defendants, particularly those who are representing themselves. Generally, Ms Pressick’s witness statements contain a chronological list of incidents which the Claimants wish to bring to the Court’s attention. Most of these incidents relate to the actions of unidentified (and unidentifiable) individuals. Even in support of the Claimants’ claims against “Persons Unknown”, this evidence might be thought to be of limited value. A single example (from a host of others), is this from Ms Pressick’s tenth witness statement, relating to an incident on 26 April 2022: “At approximately 06.00 and 07.45, unknown protesters approached the site of the Wyton Site. Three pieces of wood were thrown over the fence, the first at around 06.00, and the other two at around 07.45. Unfortunately, MBR’s CCTV did not capture the wood being thrown, but it appears that the pieces of wood were thrown at security guards as they were touring the inner perimeter if the Wyton Site. I understand that one of the pieces of wood narrowly missed hitting one of the security staff.” There are also many complaints about what has been posted online – again by unidentified people. 20. I do not presently understand what point this evidence is supposed to support or how it is thought it will assist the Court. Throwing items over the perimeter fence of MBR may be anti-social, but the Claimants have not alleged that it is unlawful, and they have not identified any civil wrong that is committed by doing so. It is also not immediately apparent what part of the variation application this evidence is directed towards or meant to support. 21. The deployment of evidence like this, and much more besides, does not assist the Court in determining the issues that must be resolved. On the contrary, it obstructs the fair disposal of the proceedings because of the time taken to consider the evidence both before and during the hearing. For the named Defendants, they are confronted with the challenge of reading these witness statements to identify what, if anything, is being alleged against them personally. Often only a tiny fraction of the witness evidence relied upon by the Claimants relates to any of the named Defendants. As this action proceeds towards trial, the Court will need to ensure that the claims being advanced against the individual named Defendants, and the evidence in support, are isolated and presented separately from the material that relates only to the claim made by the Claimants against “Persons Unknown”. The Claimants must adopt a more focused approach to evidence, even that in support of the claim against “Persons Unknown”.
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