IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES CHANCERY DIVISION
Case No. BL-2023-000713
BETWEEN:
JOCKEY CLUB RACECOURSES LIMITED
Claimant/Applicant
and
(1) DANIEL FRANK PETER KIDBY (2) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “RACE TRACK” ON THE DAY OF A “RACING FIXTURE”, EXCEPT AT “CROSSING POINTS” WITH “AUTHORISATION”, AS DESCRIBED BELOW (3) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY “CROSSING POINTS” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (4) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “PARADE RING” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (5) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY PART OF THE AREAS DESCRIBED BELOW AS THE “HORSES’ ROUTE TO THE PARADE RING” AND/OR THE “HORSES’ ROUTE TO THE RACE TRACK” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (6) PERSONS UNKNOWN I NTENTIONALLY OBSTRUCTING THE “HORSE RACES”, AS DESCRIBED BELOW (7) PERSONS UNKNOWN INTENTIONALLY CAUSING ANY OBJECT TO ENTER
ONTO AND/OR REMAIN ON THE “RACE TRACK” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE” , AS DESCRIBED BELOW
(8) PERSONS UNKNOWN INTENTIONALLY ENDANGERING ANY PERSON AT THE LOCATION DESCRIBED BELOW AS THE “EPSOM RACECOURSE” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (9) MR BEN NEWMAN
Defendants/Respondents
BUNDLE OF ADDITIONAL EVIDENCE FURTHER TO CLAIMANT’S APPLICATION DATED 1 JULY 2024
BUNDLE INDEX ADDITIONAL EVIDENCE FURTHER TO CLAIMANT’S APPLICATION DATED 1 JULY 2024
PAGE NUMBER
TAB
DOCUMENT
DATE
WITNESS EVIDENCE
Second Witness Statement of Julian Diaz- Rainey
1.
1 July 2024
3-7
2. Exhibit JDR2
1 July 2024
8-30
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1
Filed on behalf of the Claimant
Witness Statement of Julian Diaz-Rainey
Statement No. 2
Date: 1 July 2024
Exhibits: JDR2
CASE NO: BL-2023-000713
IN THE HIGH COURT OF JUSTICE
THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
CHANCERY DIVISION
BETWEEN:
JOCKEY CLUB RACECOURSES LIMITED
Claimant/Applicant
-and-
(1) DANIEL FRANK PETER KIDBY
(2) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE
“RACE TRACK” ON THE DAY OF A “RACING FIXTURE”, EXCEPT AT
“CROSSING POINTS” WITH “AUTHORISATION”, AS DESCRIBED BELOW
(3) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY “CROSSING
POINTS” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”,
AS DESCRIBED BELOW
(4) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE
“PARADE RING” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING
FIXTURE”, AS DESCRIBED BELOW
(5) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY PART OF THE
AREAS DESCRIBED BELOW AS THE “HORSES’ ROUTE TO THE PARADE RING”
AND/OR THE “HORSES’ ROUTE TO THE RACE TRACK” WITHOUT
“AUTHORISATION”
ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW
(6) PERSONS UNKNOWN INTENTIONALLY OBSTRUCTING THE “HORSE
RACES”, AS DESCRIBED BELOW
(7) PERSONS UNKNOWN INTENTIONALLY CAUSING ANY OBJECT TO ENTER
ONTO AND/OR REMAIN ON THE “RACE TRACK” WITHOUT “AUTHORISATION”
ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW
(8) PERSONS UNKNOWN INTENTIONALLY ENDANGERING ANY PERSON AT THE
LOCATION DESCRIBED BELOW AS THE “EPSOM RACECOURSE” ON THE DAY
OF A “RACING FIXTURE”, AS DESCRIBED BELOW
(9) MR BEN NEWMAN
1
3
Defendants/Respondents
___________________________________________________
SECOND WITNESS STATEMENT OF JULIAN DIAZ-RAINEY
___________________________________________________
I, JULIAN DIAZ-RAINEY, of Pinsent Masons LLP, 30 Crown Pl, Earl St, London EC2A 4ES,
WILL SAY as follows:
1.
I am a solicitor of the Senior Court in England and Wales and a Partner (or, more
precisely, a Member) in the firm of Pinsent Masons LLP (" PM "), solicitors for the
Applicant / Claimant.
2.
Save where stated to the contrary, the facts and matters contained in this witness
statement are within my own knowledge (gained whilst acting as a solicitor for the
Applicant) and are true. Where facts and matters are outside my knowledge, the source
is stated and I believe those facts to be true.
3.
During the course of this statement, I will refer to certain documents, copies of which
are exhibited in a paginated bundle marked 'JDR2' which accompanies this statement.
Save where stated otherwise, references below to page numbers are to the pages of
exhibit ‘JDR2’.
Duty of Full and Frank Disclosure
4.
As recently re-affirmed by the case of Wolverhampton City Council v London Gypsies
and Travellers [2023] UKSC 47, the Claimant is under an ongoing duty to provide full
and frank disclosure to the Court, which requires reasonable research and diligence as
to the circumstances around this case.
5.
I t has come to the Claimant’s attention that there has been a change of circumstances
that affects the content of the Second Witness Statement of Nevin Truesdale, Chief Executive Officer of the Claimant. 1 The purpose of this statement is to provide an update
to the Court so that it is aware of the change in circumstances and current position.
Animal Rising - Website
1 Pages 2 to 10 of JDR2
2
4
6.
The Second Witness Statement of Nevin Truesdale provided further evidence ahead of
the Disposal Hearing. The Court is referred to paragraphs 11 to 23 of this statement
which provides details of the actions and statements of the protest group, Animal Rising ( “AR” ). 2
7.
Having monitored AR’s website, https://www.animalrising.org/, there have recently been
a number of changes in its content, which impact on the evidence provided in the
Second Witness Statement of Nevin Truesdale.
8.
The ‘About Us’ section of AR’s website has been altered and the references to disrupting
horse racing events detailed in paragraph 22 of the Second Witness Statement of Nevin Truesdale 3 have been removed. 4
9.
The ‘How we achieve change’ section of AR’s website, which included mass trespass
onto animal racing events detailed further in paragraph 22 of the Second Witness Statement of Nevin Truesdale 5 has been removed.
Animal Rising – Recent Action
10.
However, it is clear that those behind AR have not changed their objective of bringing
about “the death of the racing industry”. On 5 April 2024, AR posted a petition to cancel
the Grand National on its Facebook page, stating that ‘we can speed up the death of the racing industry if we keep shouting loudly and refuse to be silenced’. 6
11.
On 13 April 2024, ahead of the Grand National, a statement from Mr Kidby was posted
on AR’s website. Mr Kidby stated that AR’s actions in disrupting the Grand National in
2023 ‘shone a spotlight on the deaths’ of the horses and that AR ‘don’t believe disruption is needed to draw attention to this again’ . 7
12.
On the same date, AR posted another statement on its website criticising the horse
racing industry which claims ‘to have the horses’ best interests at heart while literally
racing them to death’. Further, that ‘people are becoming more aware of the cruelty of
horse racing, and we are relying on public pressure to help us take this ‘sport’ off our screens and consign it to the history books .’ 8
2 Pages 5 to 7 of JDR2 3 Page 7 of JDR2 4 Pages 515 to 517 of JDR2 5 Page 7 of JDR2 6 Pages 518 to 519 of JDR2 7 Pages 520 to 522 of JDR2 8 Pages 523 to 525 of JDR2
3
5
13.
On 14 April 2024, AR posted a statement following the death of a horse at Aintree
Racecourse asserting that AR will ‘continue to call out the cruelty and lies’ in the horse racing industry. 9 AR also posted on its Facebook page accusing the Grand National of attempting to ‘rewrite history’ and ‘scrambling for a PR win’ following the death of two horses. 10
14.
In the ‘previous campaigns’ section of AR’s website, AR’s actions at the Grand National
are detailed under the heading ‘2023 Summer of Animal Rising’. AR state that the
actions of its protesters at the Grand National ‘achieved 9 front -pages and hours of
broadcast air- time’ and that they ‘disrupted three more horse racing events, occupied
an intensive dairy farm, rescued three sheep from the King’s land, demonstrated outside
half of the UK’s remaining greyhound racetracks and dropped a banner a t the
Greyhound Derby Final. ’ 11
15.
AR, accordingly, continues to trumpet the ‘success’ of its disrupting of horse/dog racing
events. I note that a video featuring Alex Lockwood, a co-founder of AR, who looks back
on AR’s ‘achievements’ in 2023 , which is referred to in the Second Witness Statement of Nevin Truesdale, remains on AR’s YouTube channel , which has 3,250 subscribers 12 .
In that video, Mr Lockwood champions protest action at the 2023 Grand National, and
the 2023 Derby in spite of the Interim Injunction Order. Mr Lockwood states that the
Ninth Defendant’s actions at the 2023 Derby created AR’s ”biggest ever press day” and helped the group to further its aims and agenda. 13
Recent Protests at Sporting Events
16.
I note also that the attraction of sporting events as a publicity vehicle for protean protest
groups has very recently been underscored when, on 24 June 2024, protesters from the
group Extinction Rebellion delayed the final round of the KLM Golf Open by blocking
the entrance in Amsterdam. Later that day, protesters from the same group ran onto the
18 th green at TPC River Highlands in the Travelers Championship, throwing red and white powder onto the green. 14
I believe that the facts stated in this witness statement are true. I understand that proceedings for
contempt of court may be brought against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without an honest belief in its truth.
9 Pages 524 to 525 of JDR2 10 Page 526 of JDR2 11 Page 527 of JDR2 12 Page 528 of JDR2 13 Pages 474 of JDR2 14 Pages 529 to 534 of JDR2
4
6
Signed……………………………….
Julian Diaz-Rainey
Date…… 1 July 2024 ……….
5
7
___________________________________________________
JDR2
___________________________________________________
8
JDR2 / 1
SECOND WITNESS STATEMENT OF NEVIN TRUESDALE
(PAGES 531-539 OF THE DISPOSAL HEARING BUNDLE)
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