THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
1. That the Claimants be permitted to file evidence in reply to the witness statement of Ms McGivern; 2. That the Court order the Police to confirm why the injunction order was requested to be provided on the 27 April 2022 to Peterborough Magistrates Court in the criminal hearing regarding Ronan Falsey, and whether the injunction was produced in court on that day; 3. That the Court adjourn the committal hearing until 2 August 2022, being the date listed for other committals in these proceedings in order to allow the Claimants sufficient time to investigate what occurred on 27 April 2022. Miss McGivern has indicated in her evidence that she is now able to practice, so the proposed adjournment should not prevent the hearing of the variation application taking place on 21st and 22nd July 2022. Accordingly, the Claimants therefore request that the Order dated 13 July 2022 be varied to permit the Claimants to file evidence in response to Ms McGivern’s evidence and obtain the relevant evidence from the Police.” 40. Although not made by Application Notice in accordance with the direction given in the Order of 13 July 2022 (see [35] above), I treated that email as having been made by Application Notice. I refused the application for an adjournment and made the following order on 15 July 2022: “1. The Claimants must file and serve any evidence in response to the Respondent’s Witness Statement by 4.30pm on Monday 18 July 2022. 2. The Claimants have permission under CPR 34.3(2) to have a witness summons (or witness summonses) issued requiring the attendance of police officer(s) from Cambridgeshire Constabulary at the hearing of the Contempt Application on 21 July 2022. Any such witness summons(es) must be issued, filed and served by 4.30pn on 19 July 2022.”
41.
The Order provided my reasons for the Orders I made as follows: “(A) Although the Order of 13 July 2022 made clear that any application to vary the Order must be made by Application Notice, issued, filed and served by 4.30pm on Friday 15 July 2022, exceptionally (and given the urgency) I will treat the Email as having been made by Application Notice. In the time available, it has not been possible to seek the submissions of the Respondent. (B) The information provided in the Email about what took place at the hearing at Peterborough Magistrates’ Court on 27 April 2022 appears somewhat vague. If the Claimants believe that the police can provide relevant admissible evidence in the terms described, then they can witness summons the relevant officer(s). It is not for the Court to order that the police provide information on a Contempt Application. It is for the Claimants to gather their evidence in support of the proceedings, whether from the police or other witnesses. The Court’s processes – in the form of the use of witness summons(es) - can be employed if the Claimants consider that this is the only way that they can produce relevant admissible evidence on the Contempt Application. It remains to be seen what, if any, relevant admissible evidence is produced by this method. I am mindful that a respondent to a Contempt
447
Made with FlippingBook interactive PDF creator