was live visual monitoring of the race from the Stewards Room and monitoring via visual technology provided by Racecourse Technical Services Limited ("RaceTech"). For the Derby 2023 the Jockey Club had in place a system of additional flag positions to that normally in place at Epsom, plus different flags to the standard orange/yellow in order to confuse potential protests. Jockeys were briefed accordingly. 5. The Respondent's encroachment was handled swiftly, with the race in progress but at an early stage and it was not necessary to implement the procedure described above. 6. The procedure is as robust as any involving radio communications, appropriate human action as a result, plus comprehension and action by riders on horses travelling at speed, can be. It carries an element of risk in terms of its implementation and the speed and timeframe of flat races exacerbates this. The earlier the Clerk can make the decision the better, in that it potentially increases the number of flags that can be deployed. 7. In the event that it had proved necessary to do so, the race could have been stopped in time, had the system described above operated as it should have done. 8. The Applicant does not allege that any horse or jockey's welfare was compromised by the Respondent's actions during the running of the 2023 Derby. AND UPON the Respondent undertaking to the Court that until 4.00 pm on the 11 th April 2025 or until he is no longer bound by any injunction order made in these proceedings (whichever is the later) he will: 1. Comply with the injunction order of Sir Anthony Mann dated 26th May 2023 (and any successor injunction order made in these proceedings that applies to him); 2. Not engage in any of the following conduct (in each case, where that conduct would have the effect of damaging and/or delaying and/or hindering the Applicant by obstructing, impeding or interfering with the lawful activities undertaken by them):
a. Entering or being present on any Racetrack owned or managed by the Applicant; b. Entering or being present on any other area of any Racecourse owned or managed by the Applicant without authorisation; c. Intentionally obstructing or disrupting any Horse Race organised or hosted by the Applicant.
AND UPON the Respondent agreeing to pay a contribution to the Applicant's costs in the sum £10,000.00 3 1062
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