THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
v) between 16.09 and 16.11, Ms McGivern entered the Exclusion Zone, in breach of paragraph 1(2) of the Injunction; vi) at 16.09, Ms McGivern entered the Wyton Site in breach of paragraph 1(1) of the Injunction; vii) between 16.09 and 16.11, Ms McGivern approached and/or obstructed the path of a green Vauxhall Mokka motor car driven by Jane Read, as that vehicle was directly exiting and/or entering the Exclusion Zone, in breach of paragraph 1(4) of the Injunction; and viii) at 16.13, Ms McGivern entered the Exclusion Zone, in breach of paragraph 1(2) of the Injunction. Particulars of each alleged breach were given in the contempt application. 24. The contempt application was supported by the Eighth Affidavit of Susan Pressick, sworn on 1 July 2022. Ms Pressick is the Site Manager and UK Administration & European Quality Manager for the UK subsidiary companies of the Marshall Farm Group Ltd (including the First and Third Claimants). Ms Pressick had no personal knowledge of the alleged breaches of the Injunction, but she produced and exhibited the CCTV footage relied upon by the Claimants to establish the alleged breaches. 25. The CCTV footage demonstrates the following facts: i) Ms McGivern arrived at the Wyton Site at around 15.06 on 4 May 2022. She parked her white Volkswagen Golf on part of the entrance road outside the Wyton Site. It is common ground that she had parked in the Exclusion Zone imposed by the Injunction. Ms McGivern stayed at the site until leaving at around 16.15. ii) After arriving, Ms McGivern got out of her vehicle and went first to speak to some of the protestors who were on the same side of the carriageway to the left of the entrance to the Wyton Site. She remained there until just before 4pm, when she made her way back to the main gate of the Wyton Site. At that point, the white Nissan Juke, that is the subject of ground 3 was about to leave the Wyton Site. Ms McGivern can be seen deliberately to stand in front of this vehicle, forcing it to stop. She shakes her head. After a few seconds, the vehicle reverses and Ms McGivern goes to look at a noticeboard next to the gates (not the noticeboard on which the Injunction was posted). She looks at the board for about 5 seconds, goes back into the centre of the gate area, then returns to look at the noticeboard again for up to a minute. At 16.03, Ms McGivern stands her ground, and obstructs the Nissan Juke from leaving the Wyton Site. She can be seen speaking to someone, it appears the security officer, whilst standing in front of the vehicle. The vehicle reverses about 20 seconds later. iii) At 16.04, Ms McGivern crosses to the opposite side of the carriageway in front of the Wyton Site. The Nissan Juke leaves the site shortly thereafter. From 16.04 until 16.10, the footage shows Ms McGivern talking to some of the protestors gathered on the verge behind waist-high red and white safety barriers. Amongst the protestors is Michael Maher, the 12th Defendant, who was holding and
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