Application Bundle

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 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

Defendants/Respondents

APPLICATION BUNDLE FOR A HEARING LISTED IN A 3- DAY WINDOW FROM 14 JULY 2025

HEARING BUNDLE INDEX FOR A HEARING LISTED IN A 3-DAY WINDOW FROM 14 JULY 2025

TAB

DOCUMENT

DATE

PAGE NUMBER

1. Application Notice

24 June 2025

3 – 7

2. Draft Order

Undated

8 - 13

3. Plans of the Racecourse to annex to the Final Order 4. Witness Statement of Charlie Boss and exhibit CB1

Undated

14 - 22

24 June 2025

23 - 263

5. Order of Sir Anthony Mann

9 July 2024

264 - 280

IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES BUSINESS LIST (ChD)

Case No. BL-2023-000713

BETWEEN:

JOCKEY CLUB RACECOURSES LIMITED

Claimant/Applicant

and

(1) MR 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

Defendants/Respondents

[ draft ] ORDER FOR THE CONTINUATION OF AN INJUNCTION

PENAL NOTICE

IF YOU THE WITHIN NAMED DEFENDANTS OR ANY OF YOU DISOBEY THIS ORDER OR INSTRUCT OR ENCOURAGE OTHERS TO BREACH THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED, HAVE YOUR ASSETS SEIZED

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANTS TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED

IMPORTANT NOTICE TO THE DEFENDANTS

This Order prohibits you from doing the acts set out in this Order. You should read it very carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the Court to vary or discharge this Order.

UPON the Claimant’s application by application notice dated 22 May 2023 for an interim injunction, which was granted on 26 May 2023.

AND UPON the Court granting an injunction in the terms set out at paragraph 4 of the order of Sir Anthony Mann dated 9 July 2024 sealed on 10 July 2024, for a period of five years subject to annual review (the “ Injunction ” and the “ Five-Year Injunction Order ”, respectively).

AND UPON the Claimant’s application by application notice dated 24 June 2025 seeking the continuation of the Injunction (the “ Application ”).

AND UPON the Court reading the witness statement of Mr Charlie Boss, Interim Group Chief Executive of the Claimant, dated 24 June 2025.

AND UPON the Court hearing Counsel for the Claimant.

IT IS ORDERED that:

Definitions for the purpose of the Injunction

1. For the purpose of this Order:

(1) The “ Act” means the Epsom and Walton Downs Regulation Act 1984.

(2) The “ Plans ” means, collectively, the 9 aerial photographs of the Epsom Racecourse and the markings thereupon, appended to this Order.

(3) The “ Epsom Racecourse ” means the area where the Claimant holds Racing Fixtures, within the red line marked on Plan 3.

(4) “Racing Fixture” means an Authorised Meeting within the meaning of s. 14 of the Act, being a race meeting held on up to 16 days in any one year at the Epsom Racecourse, including Oaks Day and Derby Day.

(5) “Horse Races” means any and all horse races taking place on the day of a Racing Fixture.

(6) The “ Race Track ” means the area between the crowd barriers on either side of the stretch of land marked with a yellow dotted line, starting at point (C) and ending at point (D) on Plan 3.

(7) The “ Crossing Points ” mean the 10 points at which members of the public may cross from one side of the Race Track to another with Authorisation, marked in blue on Plan 4.

(8) “ Authorisation ” means authorisation given to any member of the public to be in a particular area at the Epsom Racecourse at a particular time, whether by a steward, police officer, and/or any agent of Jockey Club Racecourses Limited.

(9) The “ Stables ” means the buildings and area where the horses are accommodated before the races, marked at point (A) on Plans 1, 3 and 6.

(10) The “ Parade Ring ” means the area where horses parade ahead of the races, marked at point (B) on Plans 1, 2, 3, 6 and 9.

(11) The “ Horse & Jockey Entrance ” means the point at which horses and jockeys enter the Race Track, marked at point (C) on Plans 2, 3, 6 and 9.

(12) The “ Horses’ Route to the Parade Ring ” means the pathway by which the horses are led from the Stables to the Parade Ring, marked with a yellow dotted line, starting at point (A) and ending at point (B) on Plan 1. (13) The “ Horses’ Route to the Race Track ” means the route which the horses take from the Parade Ring to the Race Track, marked with a yellow dotted line, starting at point (B) and ending at point (C) on Plans 2 and 9.

Injunction in force

2. The Injunction shall remain in force, such that for a further period of four years, subject to annual review in accordance with paragraphs 3 and 4 below, on the day of any Racing Fixture at the Epsom Racecourse, the Defendants must not:

(1)

Enter the Race Track, except at authorised Crossing Points;

(2)

Enter and/or remain on any Crossing Points without Authorisation;

(3)

Enter the Parade Ring without Authorisation;

(4) Enter and/or remain on any part of the Horses’ Route to the Parade Ring, without Authorisation;

(5) Enter and/or remain on any part of the Horses’ Route to the Race Track, without Authorisation;

(6)

Intentionally obstruct the Horse Races;

(7) Intentionally cause any object to enter onto and/or remain on the Race Track without Authorisation;

(8)

Intentionally endanger any person at the Epsom Racecourse.

Annual Review

3. The Claimant shall, if it seeks the continuation of the Injunction in the terms set out in paragraph 2 above, issue an application notice, returnable in the Applications Court on a date within 14 days either side of the anniversary of this Order, and shall give notice of the application by the Alternative Service Methods (defined in paragraph 5 below).

4. If no application for an Annual Review is made, the Injunction will expire on the anniversary of this Order and the proceedings will be at an end.

Service

5. Pursuant to CPR r.6.15, r.6.27 and r.81.4(2)(c) and (d) (being an order to dispense with personal service), and paragraphs 6 and 7 of the Five-Year Injunction Order, and having regard to the steps already taken by the Claimant to bring the relevant documents to the attention of the Second to Eighth Defendants by alternative means, service of all relevant documents in these proceedings shall be deemed effectively

served on the Second to Eighth Defendants by (i) posting digital copies on its website and Facebook page; (ii) affixing sealed copies in transparent containers at public entrances to the Epsom Racecourse; and (iii) providing digital copies by email to the co-founder of the organisation Animal Rising, Mr Daniel Kidby (the “ Alternative Service Methods ”). 6. The Claimant shall effect service of this Order on the Second to Eighth Defendants, including for the purposes of CPR 81.4, by (i) the Alternative Service Methods, and (ii) not less than 3 days before each Racing Fixture, by posting the Order at 50-metre intervals along that part of the perimeter of the Race Track marked with an orange line on Plan 4.

Directions

7. Any person affected by the terms of this Order may at any time apply to vary or discharge the whole or any part of the Order. If they wish to do so, such persons must give the Claimant’s solicitors notice in writing at least 48 hours before applying.

8. Any person applying to vary or discharge this Order must provide his or her full name and address, and an address for service.

9. The Claimant has liberty to apply to extend or vary this Order, or for further directions.

10. Costs reserved.

Name and Address of Claimant’s Solicitors

11. The Applicant's solicitors are Pinsent Masons LLP, of 30 Crown Place, Earl Street, London, EC2A 4ES; +44 (0) 20 7418 7000.

Interpretation of this Order

12. In this Order the words "he" "him" or "his" include "she" or "her" and "it" or "its".

13. Where there are two or more Defendants then (unless the contrary appears)

(1)

References to "the Defendant" mean both or all of them;

(2) An Order requiring "the Defendant" to do or not to do anything requires each Defendant to do or not to do it.

The Effect of this Order

14. A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

[date]

P L A N 1

Access to Parade Ring from Stables

•Stables • Parade Ring

P L A N 2

Access from Parade Ring to race track • Parade Ring

Horse & Jockey

• entrance to race track

P L A N 3

Access from Parade Ring to race track

•Stables • Parade Ring

Horse & Jockey

• entrance to race track 8 Derby start • Race finish line Horses will leave the stables (a) and make their way to the Parade Ring (b). Jockeys will mount their horse in the Parade Ring (b) and walk their horse to the race track (c). Jockeys will canter their horse to the Derby start (d) where they will enter starting stalls and the race will commence.

P L A N 4

Orange line showing

perimeter of the racetrack where the order will be posted

Protected Areas P L A N 5

P L A N 6

• Temporary rope in position to separate horses from spectators P L A N 7

iiiill__..iii_L iiiil.:-.iiiiii

b---__...,........_. ____ ...._ __ .,.._ __ .._ __ ..._ _

_ • Temporary rope 1n position to separate horses from spectators P L A N 8

Access tram Parade Ring to race track • Parade Ring Horse & Jockey • entrance to race track P L A N 9

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Filed on behalf of the Claimant Witness statement of Mr Charlie Boss Statement No 1 Date: Exhibits: CB1 24 June 2025

IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES BUSINESS LIST (Ch D)

CLAIM NO.:BL-2023-000713

BETWEEN:

JOCKEY CLUB RACECOURSES LIMITED

Claimant

-and-

___________________________________________________

FIRST WITNESS STATEMENT OF CHARLIE BOSS ___________________________________________________

I, Charlie Boss, of the Jockey Club Racecourses Limited, 21-27 Lambs Conduit St, London,

WC1N 3NL, WILL SAY as follows:

1. I am the Interim Group Chief Executive of the Claimant and have held this position since 9

December 2025. I was previously Chief Commercial Officer of the Claimant between March

2021 and April 2023. In April 2023, I left the Claimant for a role at Southampton Football

Club, before rejoining the Claimant following the departure of Nevin Truesdale. I am also

Vice Chair of London Sport.

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2. This is my first witness statement in these proceedings. I am duly authorised by the

Claimant to make this statement on its behalf in support of its application for an order that

the injunction, in the terms of the Order of Sir Anthony Mann dated 9 July 2024 and sealed

on 10 July 2024 (the “ Injunction ” and “ Final Injunction Order ” , respectively), be continued

for the remainder of the five-year period set out in the Final Injunction Order, subject to further annual review (the “ Application ”). 1

3. Unless stated otherwise, the facts and matters set out in this witness statement are within

my knowledge and are true. Where any facts or matters are not within my own knowledge,

the source of the information is identified and those facts and matters are true to the best of

my knowledge and belief.

4. There is now produced and shown to me marked exhibit "CB1", a bundle of true copy

documents to which I refer in the course of this witness statement. Save where stated

otherwise, references below to page numbers are to the pages of exhibit "CB1". There is

now also produced and shown to me the two bundles of evidence filed ahead of the

disposal hearing on 8 July 2024 (the “ Evidence Bundle ") and the (the “ Additional

Evidence Bundle ").

Background

5. The background to this matter has been set out extensively in:

5.1

the first and second witness statements of Nevin Truesdale, Chief Executive Officer of the Claimant between August 2020 and December 2024 2 (“ Truesdale 1 ” and “ Truesdale 2 ”), and the Affidavit of Nevin Truesdale (given in Committal Proceedings against the Ninth Defendant, summarised below); 3

5.2

the first witness statement of Amy Starkey, Managing Director of Racecourses of the

Claimant between May 2024 and May 2025, previously Managing Director of East, London and Small Courses from January 2023 to June 2024 4 (“ Starkey 1 ”) ;

5.3

the first witness statement of Dickon White, Aintree and North-West Regional Director for the Claimant 5 (“ White 1 ”) ;

5.4

the first witness statement of Simon Knapp, Senior Veterinary Surgeon for London Region Races at the Claimant 6 (“ Knapp 1 ”) ; and

1 Pages 2-9 of CB1 2 Pages 249-263 / 531-539 of the Evidence Bundle 3 Pages 4-19 of the Evidence Bundle

4 Pages 382-406 of the Evidence Bundle 5 Pages 407-440 of the Evidence Bundle 6 Pages 441-445 of the Evidence Bundle

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5.5

the first and second witness statements of Julian Diaz-Rainey, partner of the firm, Pinsent Masons LLP, solicitors for the Claimant 7 8 (“ Diaz-Rainey 1 ” and “ Diaz-Rainey

2 ”) .

6. In summary, the Claimant is the largest commercial horseracing organisation in the UK, and

the freehold owner of the Epsom Racecourse (the “ Racecourse ”) (further background

information in respect of the Claimant is set out at paragraphs 7 to 9, and 18 to 19 of

Truesdale 1, and paragraphs 5 and 8 to 10 of Truesdale 2).

7. The Claimant hosts the two-day Epsom Derby Festival, with the prestigious Epsom Derby

race held on the first Saturday of June each year. Further background to the Derby Festival

is set out in paragraphs 13 to 17 of Truesdale 1.

8. A summary of the proceedings to date is set out below, as context for the evidence given in

my witness statement. I was not personally involved in these proceedings up until the

present Application; however, I have read the witness statements and affidavit listed above,

and the orders in these proceedings referenced below, and was further informed of the

details of these proceedings by Nevin Truesdale when taking up my present position.

8.1

Animal rights protesters affiliated with the group Animal Rising (“ AR ”), caused

significant disruption to the 2022 Derby, the 2023 Grand National, and further races in

Ayre and Doncaster in 2023 (as set out in Truesdale 1, paragraphs 35 to 48, and

White 1). Following these incidents, and the widespread publication of protesters’

plans similarly to disrupt the Epsom Derby in June 2023, the Claimant applied for an

interim injunction against the First to Eighth Defendants on 22 May 2023, to restrain

acts of trespass and disruption to the races at the Racecourse. The Court granted the

interim injunction in the terms of the order of Sir Anthony Mann dated 26 May 2023 (the “ Interim Injunction Order ”) . 9

8.2

The Interim Injunction Order was knowingly breached by Mr Newman who ran onto

the racetrack during the running of the Epsom Derby on 3 June 2023, exposing

himself, the horses and jockeys, police officers and stewards, and wider racegoers to serious danger. I refer the Court to the statements of PC Stevens 10 and PC Hodgkins, 11 and the Affidavit of Nevin Truesdale at paragraphs 41 to 48. Mr Newman

was subsequently arrested, charged and found guilty of a public order offence. Having

been denied bail following his arrest and spending approximately one month in prison,

Mr Newman was given an 18-week suspended sentence, ordered to complete 80

hours of unpaid work, and ordered to pay costs (as set out in Mr Truesdale’s affidavit,

7 Pages 446-471 of the Evidence Bundle 8 Pages 3-7 of the Additional Evidence Bundle 9 Pages 1044 - 1059 of the Evidence Bundle 10 Pages 209 - 211 of the Evidence Bundle 11 Pages 212 -214 of the Evidence Bundle

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paragraphs 49 to 51). By knowingly breaching the Order, Mr Newman joined himself

as Ninth Defendant to these proceedings.

8.3

The Claimant brought a successful contempt of court application against Mr Newman

(the “ Committal Proceedings ”) . By the order of Mr Justice Miles dated 13 October

2023, Mr Newman was given a further suspended custodial sentence (the “ Committal Order ”). 12 During the Committal Proceedings (as recorded in the Committal Order), Mr

Newman admitted to having breached the Interim Injunction Order, and gave

undertakings to comply with the terms of the injunction until 11 April 2025, or until he

was no longer bound by an injunction in these proceedings.

8.4

In April 2024, Mr Kidby and Mr Newman, the First and Ninth Defendants, each gave

undertakings to the Court that they would not carry out the acts set out in the Interim

Injunction Order for a period of five years, in exchange for the Claimant agreeing not

to pursue costs against them. On the basis of the foregoing, it was ordered by consent

on 22 April 2024, that the Claim be stayed as against the First and Ninth Defendants.

8.5

On 10 July 2024, Sir Anthony Mann, sitting as a High Court Judge, granted the

Claimant’s application for a Final Injunction Order in the terms of the Interim Injunction

Order. Pursuant to paragraph 4 of the Final Injunction Order, the injunction was to

remain in force for five years, subject to annual review.

9. The present Application is brought pursuant to paragraph 5 of the Final Injunction Order. I

understand that the Claimant is subject to a duty of full and frank disclosure in making the

present Application, and in this witness statement, I seek to update the Court on all relevant

facts and matters accordingly.

The Epsom Racecourse

10. Paragraphs 20 to 27 of Truesdale 1 set out the particular geography of the Epsom

Racecourse, relevant both to the need for, and operation of, the Injunction. Aerial photographs of Epsom Racecourse are included in Truesdale 1. 13 There have been no

material changes to the layout, or use of, the Racecourse and Race Track (as defined at

paragraph 3(6) of the Final Injunction Order) since Mr Truesdale’s evidence was given, and

since the Final Injunction Order was granted in July 2024.

11. I note, in particular, that the Racecourse is particularly vulnerable to trespass. This is

because, unlike other racecourses, it is possible for the public, with no requirement for a

ticket, to enter a large area in the centre of the Racecourse referred to as “the Hill”, as well

as to other areas, to watch the Derby and other racing fixtures.

12 Pages 1060 - 1064 of the Evidence Bundle 13 Pages 276 – 281 of the Evidence Bundle

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12. Moreover, the angles of the Race Track mean that acts of trespass during a race are

particularly dangerous for all those present – human and equine. This is because there are

several ‘b l ind corners’, which mean that a protester may be unable to see the horses and

jockeys running at pace down the track, and vice versa. Indeed, the suffragette, Emily

Davison, lost her life on one such blind corner in 1913.

13. I also confirm that, as set out at paragraphs 28 to 34 of Truesdale 1, equine safety remains

fundamental to everything the Claimant does and to the sport of horse racing. The Claimant

continues to invest in its facilities to ensure it offers equine participants the best, and safest

possible experience. This ranges from investments in safe racing surfaces and cushioned

horsewalks to state-of-the-art misting fans, washdown areas, appropriate trot up areas to

allow for detailed veterinary evaluations and padded hurdles. Every aspect of care and

safety is considered. The racing industry has heavily invested in statistical analysis of falls

and fatalities in order that we can understand where the risks are and improve safety. A

recent British Horseracing Authority report found that 99.5% of horses that race finish safely i.e., without any form of long-term injury 14 .

The continued compelling need for an injunction

14. As noted above, animal rights protesters affiliated with AR caused significant disruption to

numerous racing events in 2022 and 2023. Such disruption continued even with the interim

injunction in place, which Mr Newman knowingly breached (as he admitted in the Committal

Proceedings) on 3 June 2023. It was not until after the successful Committal Proceedings

against Mr Newman in October 2023, that I believe the full force of the injunction was

understood by prospective protesters, such that no disruptions have since occurred at the

Racecourse. In my view, this shows that the injunction is working, and that if it were no

longer in place, there would be a real and imminent threat of further disruption to the races

at the Racecourse.

15. Disruptive protests were not staged at the Grand National held this year on 5 April 2025, or

the Epsom Derby on 7 June 2025. In that respect, the situation remains the same as it was

in July 2024, when the five-year injunction was granted over the Epsom Racecourse, shortly

after the running of the 2024 Grand National and the 2024 Epsom Derby without disruption.

AR has, however, continued publicly to call for an end to horseracing, and to celebrate

direct protest action at horseracing events, as set out below. Accordingly, I do not consider

that the threat of disruptive protests, absent an injunction, has truly gone away.

16. As addressed in paragraphs 6 to 9 of Diaz-Rainey 2, AR updated its website shortly before

the Final Injunction hearing on 8 July 2024, removing references to its plans to disrupt

horse-racing activities (as referenced in paragraph 22 of Truesdale 2). However, AR

continued at that time to trumpet its disruptions of horseracing in the “ previous campaigns ”

14 Pages 19 – 59 of CB1

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section of its website and across social media (as described in paragraphs 10 to 15 of Diaz-

Rainey 2). For example, AR co-founder, Alex Lockwood, celebrated the 2023 Derby in a YouTube video 15 as AR’s “ biggest press day ever ” which helped the group to further its aims

and agenda.

17. AR has since made further changes to its website. However, I believe these only

demonstrate its continued focus on ending horse racing (along with other campaigns), and

ongoing celebration of the disruption of sporting events. In particular:

The “ CAMPAIGNS ” section of AR’s website contains reference to four campaigns , 16

17.1

further to a separate page entitled “ Our history ” and a separate page entitled

“Campaigns we support” . One of the four campaigns is entitled “ Taking animal rights

to trial ” , and the first section on the relevant page falls under the heading “ HORSE RACING ” . 17 The page includes the following text (with original emphasis):

“Horse racing is an outdated practice that is ready to be resigned to

history .

In 2022 we disrupted the Epsom Derby, then followed it up with the Summer

of Animal Rising. Our planned disruption of the 2023 Grand National made

headlines, sparking a national conversation about the cruelty of horse

racing. The race was delayed, and 100+ arrests resulted in 45 people being

charged with public nuisance for their essential roles in calling on an end to

horse racing.

It didn't end there - we disrupted the Scottish Grand National, followed by

delaying the races at Doncaster, and then taking fight for horses to the

Epsom Derby, again, in June. Whilst brave supporters delayed the race

inside, a celebration took place outside the venue - showing an alternative to

the cruel sport.”

17.2

The page includes a slideshow of several pictures of protesters at horse racing

events, climbing or preparing to climb over fences, being arrested or apprehended by

police, and in particular, of Mr Newman being chased by security personnel on the Race Track at the Epsom Derby in 2023. 18

17.3

Under the text set out above, the website includes a click-through link with the text

“ Support ”, which leads to a page allowing visitors to make donations to “ SUPPORT

15 Page 60 of CB1 16 Pages 61 of CB1 17 Pages 62 of CB1 18 Pages 64 – 73 of CB1

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PEOPLE STANDING UP FOR HORSES IN COURT ” . This page includes the following text: 19

“In 2023, we delayed the start of the Grand National and created a national

conversation about the cruelty of horse racing. Now, 45 people have been

charged with public nuisance. This is a huge opportunity to put horse

racing on trial before a jury. The court cases will start in September - in the

meantime, we urgently need your support to help us cover the costs of

transport, lawyers and building a legal defence that will make history for

animals . ”

17.4

This page allows supporters to make one-off or monthly payments, and records that

numerous and frequent payments were made since the page was published on 8

November 2024 until at least 22 June 2025.

17.5

Also under the page entitled “ Taking animal rights to trial ”, AR trumpets “ the disruption

of the English Greyhound Derby ” in 2023, and the group’s actions to “ free ” beagle dogs from a breeding facility in December 2022. 20

Under the page entitled, “ Our History ” , 21 AR further celebrates what it calls the “ 2023

17.6

Summer of Animal Rising ” , with the following text:

“ In the Spring of 2023 we launched Animal Rising with our boldest action yet:

more than 100 people aiming to halt the Grand National, the UK's largest

horse racing event.

Our intervention achieved 9 front-pages and hours of broadcast air-time, all

shining a spotlight on our broken relationship with animals and nature.

But we weren't done there, as we 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 at the Greyhound Derby Final.”

18. AR has also posted a number of press releases on its website since the five-year Injunction

was ordered in July 2024, calling for an end to horse racing, and for protest action to

achieve this aim. These are summarised below, beginning with the most recent:

A press release posted on AR’s website on 2 May 2025 22 refers to deaths of horses

18.1

over the course of certain racing events, and includes the following statement by AR

campaigner, Claudia Penna Rojas:

19 Pages 74 - 79 of CB1 20 Pages 62 - 63 of CB1 21 Pages 80 - 83 of CB1

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“2025 has been a terrible year for horse racing. The shocking deaths at this

year’s Grand National and Scottish Grand National laid bare the brutal reality

of the sport to the viewing public. Week after week, horses are pushed to

their limits and lose their lives on racetracks, and more people are waking up

to the cruelty behind the spectacle. This cruelty is exactly why campaigners

feel compelled to take peaceful action against industry- sponsored suffering.”

A press release on AR’s website dated 4 April 2025 23 refers to the ongoing criminal

18.2

proceedings against ten individuals who were arrested at the Epsom Racecourse on 3

June 2023. The press release describes these individuals as having been arrested

“ while bringing attention to cruelty and suffering in the horse racing industry, but

before they stepped foot on the race track, ” and stated that their actions “ helped shine

the spotlight onto our broken relationship with other animals and the natural world .” A

comment from one of the individuals charged is included as follows:

“This weekend brings yet another episode of televised cruelty in the form of

the Grand National, even though the British public are moving away from

cruel and harmful industries like horse racing. As the truth about the

breaking-in, whipping, injuries, and deaths that happen comes to light we are

seeing a drop in attendance at these events.

How many horses have to die, like Willy De Houelle just yesterday, before

we truly embrace what it means to be a nation of animal lovers? We must

work together to create a world where the animals currently trapped in horse

racing, greyhound racing, and other bloodsports can instead live free and

happy lives.”

A press release posted on AR’s website on 17 December 2024 24 notes that charges of

18.3

public nuisance and criminal damage against an individual who was due to stand trial

in September 2025 for her actions seeking to disrupt the Grand National in 2023, were

dropped due to lack of evidence. The press release included a statement from the

individual concerned, Megan Thornbury, as follows:

“I have watched horses die at the Grand National since I was a child seeing

the race on TV. It’s barbaric that we still allow this to happen year after year,

not to mention the thousands of horses dying over the years at other races

around the country. To me, the Grand National is a national disgrace. We

took a stand against the Grand National that day to show the industry that

we won’t stay silent about the suffering it causes. It’s time horse racing was

consigned to the history books.”

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Similarly, a press release posted on AR’s website dated 6 November 2024, 25 refers to

18.4

the arrests of 118 people at the Grand National in 2023 for their actions which delayed

the race for 15 minutes. It is noted that 9 of 18 of those charged pleaded not guilty. A

statement from AR spokesperson, Orla Coghlan, set out as follows:

“ While horses continue to suffer in British racing, we will be calling for an end

to this abhorrent “sport.” The protests at the Grand National hit a nerve and

continue to impact the industry to this day. The sheer level of support that

we’ve had shows this message has resonated with the public - nobody

wants to see horses suffer and die. We need to see an immediate end to this

dying industry.”

A press release on AR’s website dated 23 September 2024, 26 referenced the charges

18.5

having been dropped for “ six Animal Rising Supporters that disrupted the Epsom

Derby in 2022 ” as a success for the group. The press release referred to Mr Newman

“ successfully ” running onto the track during the 2023 Derby, and celebrated the

actions of the female protesters who acted in 2022, likening their actions to those of

Emily Davison, who “ ran out onto the tracks at the 1913 Derby to advocate for equal

voting rights .” The press release specifically referenced the five -year Injunction

ordered in respect of the Epsom Racecourse, “making disrupting races punishable by

imprisonment, fines, and seizure of assets, ” and directly afterwards, reproduced a

statement from Ms Rojas (one of those charged for her actions in 2022, lauded here

as the “ the Epsom Six ”) stating:

“The Jockey Club is aware of the cruel and unnecessary realities of horse

racing, and is doing everything it can to protect a dying industry. We proudly

stand by our actions; these charges being dropped is another step towards

the end of racing in Britain, and a kinder future for all life.”

19. AR has also continued to use its social media channels to call for an end to horseracing,

including by celebrating the actions of protesters, as summarised below. I note that the

group’s following on social media has only increased since Truesdale 1 was filed for the

purpose of the Interim Injunction application, which noted at paragraph 10 that the group

then had 65,500 followers on Instagram, and 23,700 on Twitter. Presently, the group has 73,000 followers on Instagram and 27,600 followers on X (formerly known as Twitter). 27 28

20. On 7 April 2025, AR posted an interview with Ms Rojas on BCB Radio, seemingly from 4 April 2025, on its YouTube page: 29

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20.1

Ms Rojas referred to horseracing as “ televised cruelty for the sake of profit ”, and called

for the need to “ stop racing [horses] to the death .” When asked to comment on AR’s

support for “ peaceful protest ”, Ms Rojas referred in particular to the protests at the

Grant National in 2023. In this context, she stated that AR “ believe that protest is a key

part of democracy, it always has been…. A lot of people saw the protest that we had

in 2023 where we were there at Aintree with the attempt to try and stop the race to

protect these animals and to call attention to these huge issues that are going on…we

need to be having a national conversation …”

20.2

In light of these comments, I understand the statements on AR’s website (noted at

paragraph 18.1 above) that people feel compelled to engage in “ peaceful protest ”, to

include disruptive protest and trespass, such as those carried out at the Grand

National in 2023, and at the Epsom Derby in 2022 and 2023.

20.3

Ms Rojas also stated in the radio interview that: “ People are turning their backs on the

industry. We’ve seen in Cheltenham this year, they had the lowest recorded crowd

since 1993, so time is ticking on this industry, and the faster we can make that

transition happen the safer these animals will be. ”

20.4

The video was captioned by AR as follows: “Supporters of Animal Rising attempted to

stop the horses from being forced to race in the 2023 Grand National, causing a 15

minute delay. Public Nuisance trials are scheduled for later this year after over 100

arrests were made at Aintree that day .” AR then includes a link to its website, seeking donations. 30

21. AR has also posted frequently on its X (formerly Twitter) feed during the course of this year,

calling for an end to horseracing, and celebrating the actions of those who disrupted the

races in recent years:

A post, dated 13 May 2025, 31 states:

21.1

“ While we fully support road safety awareness around horses, the biggest

killer of horses in Britain isn’t traffic, it’s racing.

214 horses died on UK racecourses in 2024 - nearly 4x more than on roads.

And it’s broadcast on mainstream TV throughout the year. #BanHorseRacing

#GrandNational. ”

A thread, dated 3 May 2025, 32 states as follows, and includes a link to AR’s website ,

21.2

seeking donations:

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“9 Animal Rising supporters were sentenced for their participation in 2023's

disruption of the Grand National, calling for a ban on the cruel "sport". They

were each handed 200+ hours of community service, alongside £133 in

court fees. #grandnational #bandthegrandnational.

Even though the public recognise that the Grand National’s time is up, and

horses continue to die year after year in the name of “sport”, the Crown

Prosecution Service still see it fit to pursue convictions and punishment for

those who try to protect these horses.

Donate to the trial support fund, and help defendants facing legal action

for taking a stand against cruelty.”

A post, dated 18 April 2025, 33 states as follows:

21.3

“The latest racing horse deaths, most recently at Cheltenham, reveal

“exercise - associated sudden death” is the racing industry’s new buzzword.

Whether these horses die of heart attacks, broken necks, or “undetected”

respiratory failure is irrelevant. A horse will die every other day on a British

track, and the racing industry is entirely to blame.”

A post, dated 12 April 2025, 34 states as follows:

21.4

“Today we saw the few horses who made it to the finish line at the Scottish

Grand National violently whipped, while multiple horses fell or pulled up

injured.

We cannot call ourselves a nation of animal lovers while turning a blind eye

to the violence of horse racing.

Over the last week, this industry has exposed its grim reality to the viewing

public. This cruelty won’t end until racing is halted for good.”

22. A post on AR’s Instagram , dated 9 November 2024, 35 referred to the “ Grand National: Horse

Protectors in Court ”, stating that 24 “ brave campaigners ” appeared in court and pleaded not

guilty to public nuisance. It referred to the delay of the Grand National in 2023 and stated,

“ This couldn’t have happened without the incredible people who took a stand against cruelty

on that day. ” The post further stated, “ The racing industry is still dealing with the fallout of

increased scrutiny since this action, and we know public opinion is on our side.”

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23. Further to the abovementioned statements in respect of horseracing, AR continues to

champion other disruptive action. Indeed, it appears to me that disruption remains at the

core of AR’s ideology as a method to achieve media attention and further its agenda, as Mr

Truesdale noted had been the case in 2024 (Truesdale 2, paragraph 17). By way of

example , and further to the references noted above under the pages of AR’s website

entitled “ Taking animal rights to trial ” and “ Our history” :

23.1

Under the “ CAMPAIGNS ” section of AR’s website, AR includes a page entitled “ FREE

THE MBR BEAGLES. ” Here, AR celebrates its actions in 2022 by taking 18 beagle dogs from Marshall BioResources Acres, 36 a facility where I understand dogs are bred for the purpose of developing lifesaving therapies for humans - as well as for veterinary treatments for animals. 37 AR notes that a criminal trial in respect of the

actions of several of its supporters involved in the stunt would begin in December

2025, heralded by AR as “ the trial of the decade ”, which “ could not be more

important .”

A video post on AR’s X feed on 17 April 2025 38 showed AR supporters (including Mr

23.2

Kidby and Mr Newman) on their way to Court in connection with charges brought

against them for their taking animals from the facility in 2022. One individual states

that he considered he was not guilty of burglary, because he did not go into the facility

with the intention of committing burglary but the intention of rescuing the dogs. Mr

Kidby stated that despite his fears of being away from his unborn child if sent to

prison, ultimately, he was “ proud ” of his actions, and that “ rescuing those dogs was

one of the best things I have ever done in my life ” . Mr Newman stated that he found it

very difficult to imagine that the jury would find them guilty.

A press release posted on AR’s website on 1 April 2025, 39 stated that four AR

23.3

campaigners were found guilty in a trial of public nuisance, celebrating the

“ succession of nationwide actions taken by Animal Rising in September and October

2022, which saw dairy trucks immobilised, milk shortages on supermarket shelves,

milk pours at department stores and more.” Comments by Mr Newman included in the

press release, provided as follows:

“Those who took part in our peaceful campaign against dairy giants didn’t do

so lightly. They felt compelled to take action because of the environmental

destruction and animal suffering caused by this outdated, harmful system.”

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Similarly, a press release on 19 February 2025, 40 in relation to the sentencing of AR

23.4

supporters involved in the abovementioned blockades at the Müller’s site in Droitwich,

celebrated the protesters having caused “ milk shortages across the nation ”.

Comments from one of those sentenced, Ben Pattison, stated: “ It’s imperative that we

do everything we can to reverse the effects of the climate crisis. ”

24. Considering the frequency and vehemency of the statements on AR’s website and social

media channels calling for an end to horseracing, and the repeated celebration and

drumming up of support for individuals who previously disrupted the races, I consider there

remains a significant threat that further individuals, whether formally affiliated with AR or not,

will be inspired to take direct action to disrupt the races, if not constrained by an injunction.

25. I note that the Claimant has not received any further communications from AR regarding its

intention to disrupt the races as were received in 2023 (as set out in Starkey 1, paragraphs

7 to 9). However, this was also the case in 2024, when the Final Injunction Order was

granted, and in that sense, there has been no material change. Moreover, I consider that

AR’s public statements set out above pose a real risk that lone protesters may be inspired to

take action to disrupt the races, without necessarily communicating their intentions to do so,

as part of, or through AR.

26. In particular, it is my understanding that AR continues to operate as a collection of persons

who share a common purpose, rather than a corporate entity with a particular hierarchical

structure (as noted in Truesdale 1, paragraph 10; Truesdale 2, paragraph 21; and Starkey 1,

paragraph 6). As shown by the actions of Mr Newman in 2023, the decision of just one

individual to disrupt the races is sufficient to place others in attendance in serious danger. I

consider AR’s statements above, lauding previous actions to disrupt the races as “ brave ”

and “ successful ” , to pose a significant risk, that individuals, acting alone or together, may

seek to disrupt the races again.

27. For completeness, I note that, as referenced at paragraph 19 of Truesdale 2, a

spokesperson for AR, Mr Nathan McGovern, made a statement to the press on 4 April 2024,

stating that AR would not target the Grand National in 2024 because the public had “ in large

part been convinced that they don’t want racing to be part of the fabric of British culture

going forward. ” The numerous statements set out above show that AR does not seriously

consider that its aims to end horseracing have been achieved. Certainly, to reinforce Mr

Truesdale’s remarks at paragraph 20 of his second witness statement, I do not consider that

AR’s actions have had anything close to the effect described by Mr McGovern. The 2025

Derby Festival remained well attended, albeit with spectator numbers down by about 6,000

on last year, which in my opinion was predominantly due to the poor forecasted weather and

the cost of living crisis. ITV viewing figures were 8% down for the weekend of the 2025

40 Pages 112 - 113 of CB1

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