THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
35. In light of that, on 13 July 2022, I made an Order directing that the contempt application would be listed on 21 July 2022. The Order also provided that, if Ms McGivern wished to rely upon any further evidence, then she could (but was not obliged) to file a witness statement by 4.30pm on 15 July 2022. As the Order was made without a hearing, it provided that any party could apply to vary or discharge, but any application to do so “ must be made by Application Notice, issued filed and served by 4.30pm on Friday 15 July 2022. ” 36. Ms McGivern duly provided her witness statement for the contempt application shortly after 11am on 15 July 2022. I will need to consider its contents in more detail below, but in summary Ms McGivern again accepted that she had done the acts captured on the CCTV footage but repeated her denial that she had any knowledge of the Injunction or its terms when she did so on 4 May 2022. The statement did, however, contain the following: “10. On 27 April 2022, I was in court in a criminal trial to cross examine a number of witnesses, on behalf of an unrepresented Defendant. In taking instructions on the alleged aggravated trespass, I became aware of the existence of Camp Beagle. 11. I understood that a number of supporters of Camp Beagle wanted to secure legal advice in relation to criminal investigations and charges resulting from their presence at Camp. I said I would consider whether I could assist them. I was provided with no paperwork concerning the litigation and I was not made aware of the terms of the injunction granted by the Court. 12. On 4 May 2022, I was in Court in Huntingdon. Having finished early, I decided to visit Camp Beagle to get a better understanding of the legal issues and what was happening. My satellite navigation system took me to the location and adjacent to the tents, I saw a lay-by where I could park my car. I indicated and parked in this lay-by.” There is no dispute that the “ lay-by ” to which Ms McGivern referred was actually the approach road to the entrance of the Wyton Site and Ms McGivern had in fact parked in the Exclusion Zone. What took place thereafter is covered by the CCTV footage (see [25] above). 37. As to the breaches of the Injunction alleged against her, Ms McGivern did not dispute what was shown in the CCTV footage, but in her First Witness Statement, she gave the following account of the events on 4 May 2022: “17. I got out of my car and approached the first people I saw, who wanted to inform me about what took place behind the gate, and about animal experimentation generally. I also had privileged conversations with those at Camp Beagle, and as a result of which, I decided to ascertain if there was an injunction in place which may have a bearing on any legal advice I might subsequently provide. 18. At some point, the gate slid open, providing me with the opportunity to identify a member of staff to talk to. I attempted several times to gain the attention of a man who looked like a security guard. I asked if there was in place any injunction or other order concerning the site. I was polite and
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