THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
“489. By doing, aiding, abetting, counselling or procuring the conduct complained of in paragraphs 487.1 to 487.12, D3, D20, D25 and D31 have pursued a course of conduct targeted at Impex’s director and staff, who are a member of the Second Claimant class, which amounts to harassment of IMPEX’s staff and its [managing director], and which D3, D20, D25, and D31 knew or ought to have known amount to harassment of members of the Second Claimant class, and is thereby contrary to section 1 and or 1(1A) of the Protection from Harassment Act 1997. 490. The course of conduct particularised in paragraphs 487.1 to 487.12 above was targeted at the Second Claimant class, and in particular at Impex’s [managing director] and staff, to cause [the managing director] to terminate Impex’s contractual relationships with the First Claimant. 491. The said harassment has caused IMPEX’s staff and [the managing director], who are members of the Second Claimant class, alarm and distress both as a result of the incidents that they have experienced, and by virtue of the course of conduct pursued against them, as set out in paragraphs 487.1 to 487.12 above. 492. The course of conduct particularised in paragraphs 487.1 to 487.12 above is oppressive and unacceptable in that it was designed and intended to torment and intimidate Impex’s director and staff, as a member of the Second Claimant class, in an effort to cause Impex’s director to terminate its contractual relationships with the First Claimant and/or cease supplying services to the First Claimant, as is plain from paragraphs 487.1 to 487.12 above. 493. It can be inferred from the conduct complained of at paragraphs 487.1 to 487.12 above, its repeat occurrence, and the express words used by D3 and/or D20 and/or D25 and/or D31 that D3, D20, D25, and D31 intends to continue to harass members of the Second Claimant class including, but not limited to, IMPEX’s staff and [the managing director], unless restrained by way of an injunction. Accordingly, the First and Second Claimant seek an injunction restraining D3, D20, D25, and D31 from pursuing any conduct that amounts to harassment in the terms set out in Order at Schedule 1 to these Particulars of Claim, or in the terms that the Court considers appropriate.” 27. The presence of the Thirty-First Defendants Persons Unknown, repeatedly, throughout those paragraphs may well lead to issues at trial. The statement of case uses the Thirty-Defendants essentially as a ‘catch-all’ term for any unidentified person who is alleged to have carried out acts of harassment. It is impossible, from the statement of case, to work out which “person unknown” is alleged to have done which act(s). (b) The Claimants’ evidence 28. The evidence relating to incidents concerning Impex is contained in several of Ms Pressick’s witness statements. 29. In her ninth witness statement, Ms Pressick sets out the evidence in support of the incidents concerning Impex in January 2022. This evidence is presented as having been provided to Ms Pressick by an “Impex Director”, who is not named in her statement,
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