THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
A: Again, I don’t know. With that answer, Mr Underwood QC completed his cross-examination.
57. In re-examination, Ms Bolton repeated a part of the cross-examination where PC Shailes had initially confirmed that that he recalled what was included in paragraph 11(v) of Ms Pressick’s witness statement, and then asked him what maps were being commented upon. PC Shailes answered that they were the maps of outside MBR Acres in Wyton that were part of the Injunction. 58. David Manning, the security officer at the Wyton Site, was called to give evidence about the posting of the Injunction on the notice board opposite the Wyton Site, in purported compliance with the alternative service order. In his Sixth Affidavit, Mr Manning stated that, on 29 April 2022, he had received, by email from Mills & Reeve, copies of the Injunction and two letters to be attached to the noticeboard. The Injunction and letters were printed out, and Mr Manning then put the documents on the noticeboard. Four copies of the documents were placed in a post-box underneath the noticeboard to enable them to be taken away. He exhibited copies of the documents that he had attached to the noticeboard. The letter from Mills & Reeve was a two-page document, dated 29 April 2022, and headed “VERY URGENT. THIS LETTER SERVES AN INJUNCTION ORDER OF THE HIGH COURT WHICH YOU ARE HEREBY DEEMED ON NOTICE OF” (“the 29 April Letter”). At the top right corner of the first page appeared an email address, and at the bottom of the page the address of Mills & Reeve was provided. The first page of the document (and half of the second) was taken up with identification and description of the categories of “Persons Unknown” who were Defendants to the proceedings. Under that, on page 2 of the 29 April Letter, appeared the following: “Dear Sirs/Madams, Claim Number: QB-2021-003094: MBR Acres Limited and Others -and- Free the MBR Beagles and Others (the “Proceedings”) By way of service a copy of the Injunction Order of Mr Justice Nicklin dated 31 March 2022 and sealed on 27 April 2022 has been uploaded onto the following shared file website [2nd Dropbox Address given] Breaching the terms of this Injunction Order may lead to proceedings being issued for contempt of Court. You should therefore read the contents of the Injunction Order and ensure that you comply with the terms of the Injunction…” 59. When cross-examined by Mr Underwood QC, Mr Manning confirmed that he did not read the documents that he was instructed to place on display on the noticeboard. He just followed his instructions to place them there. Each document was displayed in a plastic envelope attached to the board. The noticeboard was contained in a locked glass-fronted cabinet so that the documents could not be removed. Mr Manning confirmed that only the first page of the 29 April Letter was displayed. 60. In addition to the CCTV footage (see [25] above), a recording from a security officer’s body-worn camera was played at the hearing. This did have an audio track, but it is very difficult to decipher what was being said because largely it was drowned out by the protestors’ shouting. The Claimants put to Ms McGivern that she could be heard saying
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