Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1August 2023 Exhibits: NT2 NT3 Affidavit No. 1
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On 28 May 2023 the Applicant posted the Order to both its own website (i.e., voivw.thelockeyclub.co.uk) at 11:20am and the website relating to Epsom (i.e., www.thejockeyclub.co.uk/epsom) at 11:21am. I enclose at pages 106-118 of NT2 screenshots of both websites along with a screenshot of the displayed Order. On 28 May 2023 at 11:45am the Applicant posted confirmation that it had obtained the Order on its official Facebook page together with links to the relevant news page of the Applicant's website and the webpage containing the Order. I enclose at page 119 of NT2 a screenshot of the Facebook post. the Applicant’s website and the webpage containing the Order. I enclose at page 119 Although not directed to by the Court, the Applicant also posted confirmation of the Order on its Twitter account, with links to its website, on 26 May 2023 at 4:09pm. I enclose at page 120 of NT2 a screenshot of the relevant twitter post. www.thejockeyclub.co.uk) at 11:20am and the website relating to Epsom (i.e.,
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Providing digital copies to the organisation AnimalRising by email.
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On 28 May 2023 at 13:14 the Applicant's solicitors emailed a digital copy of the Order to the First Defendant, who is the Co-Founder of Animal Rising, requesting that he bring it to the attention of all members of Animal Rising. I enclose this email at pages 121-126 of NT2, including the full email chain for context and completeness. On 28 May 2023 at 13:14 the Applicant’s solicitors emailed a digital copy of the Order
Wide-spread publication of the Order
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The terms of the Order notwithstanding, the fact of the Applicant securing the Order received widespread press attention. I enclose at pages of NT2 articles from the BBC, the Guardian, Sky Sports, the Telegraph, the Express and the Daily Mail.
The Respondent's radio interview The Respondent’s radio interview
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The Respondent told BBC Radio Surrey on 2 June 2023 that, in spite of the Order, individuals were planning to go onto the track the next day and obstruct the race, as he went on to do. I attach a transcript of the interview at pages 164-165 of NT2 and an audio file, Recording 1 of NT3 (defined in paragraph 41.1 below) (e-filed and enclosed on USB with the hard copies for service). This shows that the Respondent had actual knowledge of the Order prior to the Derby Festival.
The Derby Festival
The Derby Festival took place on Friday 2 and Saturday 3 June 2023. It was broadcast live on ITV and received mainstream and sports media press attention and
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