THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
11. In the time available, I have contacted the Head of Legal Services for Cambridgeshire Constabulary who has stated that they have spoken to PC Shailes. The Head of Legal Services informed me that: (i) PC Shailes was in the police room at the Court on 27 April 2022. (ii) An issue was raised with him about the land at the Wyton Site and what was public land and what was private land. (iii) PC Shailes was aware of the Injunction and so therefore asked me for a copy of it. (iv) Mr Falsey’s representative, Ms McGivern looked at the Injunction with the Prosecutor on PC Shailes’ laptop. (v) Ms McGivern made comments regarding the boundary in the maps of the injunction Order.” 44. As noted, Ms Pressick exhibited a copy of the emails exchanged by her and PC Shailes on 27 April 2022. i) At 13.13, PC Shailes emailed Ms Pressick: “Hi Sue, As discussed please can you send over the new injunction with map defining what is public/private land.” ii) At 13.41, Ms Pressick replied: “Dear PC Dalton Please see attached Injunction notice as requested – this injunction continues to be alive document by the High courts…” Although there was some confusion at the hearing, caused largely by the way the Claimants’ solicitors had provided the email chain in a redacted form, I am satisfied that Ms Pressick attached a copy of the 19 January 2022 injunction order to her email to PC Shailes. 45. The evidence given in Paragraph 11 of Ms Pressick’s affidavit was recognised to be hearsay. It was also materially different from the account given in the email of 15 July 2022 (see [39] above). Mills & Reeve served a Hearsay Notice with the Affidavit. It was defective. Neither the name of the maker of the statement (the Head of Legal Services) nor the reason for not calling him/her as a witness was provided (as required by CPR 33.2(2)(b)). 46. On 18 July 2022, the Claimants issued a witness summons requiring PC Dalton Shailes to attend the hearing of the contempt application. 47. In response to that witness summons, on 19 July 2022, PC Shailes signed a witness statement. It is relatively short and, given its importance, I shall set it out in full:
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