Order seek to prevent trespass on the areas of the Epsom Racecourse which require protection for this purpose, namely: (i) the Race Track, (ii) the Parade Ring, (iii) the Horses' Route to the Parade Ring, and (iv) the Horses' Route to the Race Track, as described at paragraph1 of the draft Order, by reference to the Plan ("the Protected Areas") [DB/14-24]. 27. The routes referenced at points (iii) and (iv) are open to the public until such time as the horses are led out. At that point, the parts of the pathways which are not fenced off are closed by stewards holding rope (as can be seen in the fourth photograph in the Plan). At that point, no spectators are authorised to be on the pathways, for the protection of the horses and spectators alike [Truesdale (DB/30) §§22-23]. protection of the horses and spectators alike [Truesdale (DB/30) §§22-23] . 28. Subparagraphs 2(6)-(8) of the draft Order seek to protect the Applicant's right under the Act, in accordance with the Byelaws, to hold Race Meetings without interference, intentional obstruction, or danger intentionally caused to individuals on the Downs. 28. Subparagraphs 2(6)-(8) of the draft Order seek to protect the Applicant’s right under Horses’ Route to the Parade Ring, and (iv) the Horses’ Route to the Race Track, as described at paragraph 1 of the draft Order, by reference to the Plan (“ the Protected Areas ”) [DB/14-24] .
D. WHY THE INTUCNTION SHOULD BE GRANTED D. WHY THE INJUCNTION SHOULD BE GRANTED
i. There is an imminent and real risk of irreparable harm.
29. On the evidence before the Court, there is a very clear imminent and real probability of actual damage to the Applicant's interests if injunctive relief is not obtained, and in particular that AR will attempt to access the Protected Areas and disrupt the races on 2 and 3 June 2023. AR told the Applicant on 19 May 2023: "We are unwavering in our intention to stop the race by getting onto the race course using non-violent means, no matter the sacrifice we make to our personal liberty and comfort" [DB/179]. AR is actively recruiting individuals through its website to "Join us on the tracks of the Epsom Derby!" [Truesdale (DB/30) §49.1] [DB/53]. 30. The high probability of AR following through with its plans is demonstrated by AR's disruption of the recent Grand National at Aintree Racecourse on15April 2023. Some 100 protesters scaled the perimeter fence to the racecourse (with ladders and plastic 30. The high probability of AR following through with its plans is demonstrated by AR’s of actual damage to the Applicant’s interests if injunctive relief is not obtained, and on 2 and 3 June 2023. AR told the Applicant on 19 May 2023: “ [W]e are unwavering in matter the sacrifice we make to our personal liberty and comfort ” [DB/179] . AR is actively recruiting individuals through its website to “ Join us on the tracks of the Epsom Derby! ” [Truesdale (DB/30) §49.1] [DB/53] .
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