THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
“1. I … make this statement in rebutting the misplaced allegation that I was aware of the terms of the injunction granted by the Court and that when the terms were breached I was aware that I was doing so and also the consequences for doing so. This is simply untrue… … 29. I was not aware of the injunction or its potential applicability to me. Of my absence of knowledge at that time civil injunctions bearing a penal notice, that those it concerned would be fully aware of its terms usually by being served personally with the injunction itself… 30. Ms Pressick suggests that I was helping people with the civil injunction issues, so I must have known about the injunction. All of my assistance in relation to the civil matter was well after the 4 May 2022. Even then until the application was issued, and following securing legal advice myself many days later, I did not understand the concept of persons unknown. It is foreign to the criminal lawyer. I would not have understood that I was a person unknown, and thereby in breach of an injunction. I have made clear the limitation of my assistance on this day…” E: Further evidence (1) From the Claimants 39. Following receipt of Ms McGivern’s witness statement, Mills & Reeve sent the following email to the Court, at 16.26 on 15 July 2022: “Our clients are considering the Witness Statement of Ms McGivern which was provided this morning... Our clients note that her position is that the Injunction was not considered at the criminal hearing regarding Ronan Falsey (the 4th Defendant) on 27 April 2022 at Peterborough Magistrates Court in which Ms McGivern represented Mr Falsey. Our clients understand that is not the case, and that the injunction was referred to and considered at the hearing on 27 April 2022 where Ms McGivern represented Mr Falsey. Our clients were requested by the Police to provide a copy of the Order as it was relevant to the hearing which our clients provided to the police at 1.41pm on 27 April 2022. Our clients therefore understand the Injunction was considered during the hearing but they are making enquiries regarding this matter. Given the seriousness of this matter and Ms McGivern only referring to the events on 27 April 2022 for the first time in her witness evidence today, our clients do seek permission to file evidence in reply, which is consistent with the directions in the other committals in these proceedings. We have recently received confirmation from the police that they would need to be provided with an order directing that they provide evidence. That is because the Police wish to remain neutral in these proceedings. Our clients are also seeing whether they can seek assistance from the CPS. Under the circumstances the Claimants request the following variation to the directions of 13 July 2022:
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