THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
(1) The alleged targeting of Impex 22.
The key issue, at the hearing on 7 October 2022, was the alleged targeting by protestors of Impex Services International Limited (“Impex”). Impex is licensed by the Home Office to transport animals for medical research and provides services to the First Claimant by transporting animals from the Wyton Site to facilities at which animal testing is carried out. This has meant that Impex has become a secondary focus of some of the protestors. In short, some protestors want Impex to cease transporting animals reared by the First Claimant for animal testing. A complicating factor, potentially, is that Impex provides animal transport facilities for companies other than the First Claimant. (a) The case pleaded in the Particulars of Claim 23. At the date of the hearing, the Claimants’ pleaded case in relation to Impex is contained in the following parts of the Amended Particulars of Claim: (1) Paragraph 2: “ The Claimants seek an injunction to restrain the Defendants from … harassment falling under sections 1, 1(1A), 3 and 3A of the Protection from Harassment Act 1997 (including the harassment of Impex Services International Limited and its staff)… ”; (2) Paragraph 27(xxvii) (summarising the claims made against the various Defendants): “ Harassment of Impex Services International Limited (the Third, Fifth, Thirteenth, Nineteenth, Twentieth, Twenty-Fifth and Thirty-First Defendants) – paragraphs 483 to 493 ”. (3) In Paragraphs 483-493 the case of harassment is particularised. In addition to complaints of protestors surrounding (and occasionally damaging) Impex vehicles entering or leaving the Wyton Site specific allegations are made against the Third, Twentieth and Twenty-Fifth Defendants. (a)
On 18 January 2022, the Twentieth and Twenty-Fifth Defendants are alleged to have trespassed on Impex’s premises by climbing onto the roof and shouting through a loud hailer: “ shut down Impex ”. The Thirty-First Defendants Persons Unknown are alleged to have set off smoke flares from the roof. Protestors are alleged to have remained on the roof for most of the day making it impossible for Impex staff to access the premises. Also on 18 January 2022, the Third Defendant is alleged to have attended and protested outside Impex’s premises and blocked the entrance, preventing vehicles from entering and leaving. Two (unidentified) protestors are alleged to have handcuffed themselves to the front gate. The Third Defendant is also alleged, with two others, to have approached the Managing Director of Impex shouting “ cunt ”, “ animal murderer ” and “ you should be ashamed ”. On 27 January 2022, at approximately 18.00, a vehicle being driven by the Twentieth Defendant (without headlights) is alleged to have been
(b)
(c)
399
Made with FlippingBook interactive PDF creator