THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
(a) The case pleaded in the Particulars of Claim 37. The case advanced against the Thirty-First Defendants “Persons Unknown” is set out in paragraphs 455-463 of the Particulars of Claim. It is alleged that this category of “Persons Unknown” has: (1) “ done, aided, abetted, counselled or procured ” various acts that are alleged to have done by the identified Defendants; (2) by so doing, has pursued a course of conduct “ targeted at the First Claimant’s staff and/or members of the Second Claimant class, which amounted to harassment of the First Claimant’s staff and/or members of the Second Claimant class, which D31 knew or ought to have known amount to harassment… and is thereby contrary to section 1 and/or section 1(1A) of the Protection from Harassment Act 1997 ”; and (3) pursued this course of conduct in an effort to cause members of the Second Claimant class to terminate their contractual relationships with the First Claimant. 38. The course of conduct is alleged to be oppressive and unacceptable in that it was “ designed and intended to torment and intimidate members of the Second Claimant class including, but not limited to the First Claimant’s staff, in an effort to cause members of the Second Claimant class to terminate their contractual relationships with the First Claimant and/or cease supplying goods and/or services to the First Claimant. ” 39. Each of the acts relied upon against the named Defendants is alleged also to have “ included unknown persons who have done, aided, abetted, counselled or procured the acts and who at the time they committed the acts were unknown and unidentified, it being the first time they committed any wrongdoing against the First Claimant’s staff and/or Second Claimants. ” The Claimants contend that this is a “ feature ” of the protests for reasons set out in the Particulars of Claim. These particulars focus on matters which, it is claimed, show that new people come and join the protest. (b) The Claimants’ evidence 40. In her witness statements, Ms Pressick has provided the following evidence: (1) During the weekend of 28-30 August 2021: (a) Employee V reported that an unidentified individual had posted a “ Free the MBR Beagles ” flyer to his/her kitchen window; and (b) Employee DM had an altercation with a drunk neighbour, whom it is said knew about Employee DM’s job. The neighbour started acting aggressively towards Employee DM, hitting him several times. (2) On 3 March 2022, Employee F was sent screenshots to his/her Instagram account by a follower. These showed a conversation between that follower and an account “Liberation_21”. Liberation_21 had posted a photograph of Employee F, and a video of him/her leaving the Wyton Site by car, asking if the follower recognised him/her and suggesting the village where Employee F lived.
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