MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
b.
the Third Claimant’s premises known as B&K Universal Limited, Field Station, Grimston, Aldborough, Hull, East Yorkshire HU11 4QE as set out in Annex 2 (the ‘Hull Site’)
(2) enter into or remain upon the area marked with black hatching on the plans at Annex 1 … (the ‘Exclusion Zone’), save where … accessing the highway whilst in a vehicle, for the purpose of passing along the highway only and without stopping in the Exclusion Zone, save for when stopped by traffic congestion, or any traffic management arranged by or on behalf of the Highways Authority, or to prevent a collision, or at the direction of a Police Officer. (3) park any vehicle, or place or leave any other item (including, but not limited to, banners) anywhere in the Exclusion Zone; (4) approach and/or obstruct the path of any vehicle directly entering or exiting the Exclusion Zone (save that for the avoidance of doubt it will not be a breach of this Injunction Order where any obstruction occurs as a result of an emergency).” 35. Definitions, set out in Schedule A to the Interim Injunction, provided: “The ‘Exclusion Zone’ is… for the purpose of the Wyton site, the area with black hatching at Annex 1 of this Order measuring 20 metres in length either side of the midpoint of the gate to the entrance of the Wyton site and extending out to the midpoint of the carriageway…” 36. Annex 1 to the Injunction was a plan of the Wyton Site marked with the Exclusion Zone around the entrance to the First Claimant’s premises. Annex 1 included boxes containing annotations. One of those provided:
“Exclusion Zone in black crosshatched area is 20 metres either side of the centre of the Gate to the Wyton Site marked by posts on the grass verge up to the centre of the carriageway.”
(2) Modifications to the Interim Injunction 37. The terms of the Interim Injunction, and the persons it restrains, have been modified during the proceedings. 38. Orders of 18-19 January 2022 and 31 March 2022 added new Defendants to the claim, both named and further categories of “Persons Unknown”. Those new Defendants became bound by the Interim Injunction, the material terms of which remained unchanged. 39. By Order of 2 August 2022, Paragraph (4) of the Interim Injunction (see [34] above) was replaced with the following restrictions: “(2) The Third to Ninth and Eleventh to the Twenty-Fourth Defendants MUST
NOT within 1 mile in either direction of the First Claimant’s Land, approach, slow down, or obstruct any vehicle which is believed to be travelling to or from the First Claimant’s Land at the Wyton Site.
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