THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
33. Impex’s Managing Director has not provided a witness statement in support of the variation application. That is surprising, particularly given the obvious importance of his evidence and the ample opportunity that the Claimants have had to obtain one. Had the Claimants’ solicitors taken a proper witness statement from him, it is likely that it would have contained better evidence. In particular, a solicitor would have understood the need to identify the individuals who were alleged to have targeted Impex and, crucially, precisely what each individual was alleged to have done. The Managing Director’s letter is vague and imprecise, particularly as to the identity of the alleged wrongdoers. It is also clear that, in material respects, he has been provided with information from the Claimants’ side, which makes it difficult to be clear about which information the Managing Director knows personally, and which has been provided to him by others. (2) Alleged targeting of the First Claimant’s employees 34. The Claimants allege that the First Claimant’s staff have been the subject of harassment in breach of both s.1(1) and s.1(1A) Protection from Harassment Act 1997. 35. Principally, this claim is brought against the Thirty-First Defendants “Persons Unknown”, who are defined as: “[Persons] who are protesting outside the premises of the First Claimant and/or against the First Claimant’s lawful business activities and pursuing a course of conduct causing alarm and/or distress to the Second Claimant and/or the staff of the First Claimant for the purpose of convincing the Second Claimant and/or the staff of the First Claimant not to: (a) work for the First Claimant; and/or (b) provide services to the First Claimant; and/or (c) supply goods to the First Claimant; and/or (d) to stop the First Claimants’ lawful business activities at MBR Acres Ltd, Wyton, Huntingdon PE28 2DT)” (The Thirty-First Defendants “Persons Unknown” are also alleged to be harassing the employees/officers of Impex) 36. The use of the first “and/or” in that definition means that this category of Persons Unknown is wider than simply those people who are protesting outside the premises of the First Claimant. As drafted, the definition is capable of catching people who are “ protesting against the First Claimant’s… activities ” otherwise than outside the Wyton Site. When permission was granted to serve the Claim Form on the Thirty-First Defendant “Persons Unknown” by alternative means, the method that was authorised by the Order of 31 March 2022 was, essentially, by posting copies on the noticeboard opposite the Wyton Site. That method of alternative service, whilst it can reasonably be expected to bring the proceedings to the notice of those who are protesting outside the Wyton Site, it is not likely to bring the Claim Form to the attention of people protesting elsewhere, for example at Impex’s premises or at the homes of any of the employees/officers or the First Claimant and/or Impex. There is a potential failure, therefore, in the alternative service order insofar as it purports to serve the Claim Form on people who fall within the definition of the Thirty-First Defendant, but who are not protesting outside the Wyton Site: see LB Barking & Dagenham [46]-[48].
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