[White (DB/188) §32.3] and damage to the Applicant's reputation and legal rights [Truesdale (DB/30) §§62-67]. [White (DB/188) §32.3] and damage to the Applicant’s reputation and legal rights [Truesdale (DB/30) §§62-67] .
38. The proposed restrictions are proportionate. The Applicant has offered a dedicated space for peaceful protest, and asked members of AR whether there are alternative means, other than disrupting the races, by which they consider they can pursue their objectives. AR stated that there are not [Starkey (DB/163) §16]. 39. That being so, the Applicant submits that the proposed relief is necessary and proportionate, and it would be just and convenient for a final injunction to be granted at trial, and for an interim injunction to be granted on this Application. objectives. AR stated that there are not [Starkey (DB/163) §16] .
iii. The balance of conveniencefalls infavour ofgranting an interim injunction
40. Further to the above, the Applicant submits that the balance of convenience falls decisively in favour of granting the interim injunction for the reasons set out below.
41. The Epsom Derby is a much-loved sporting event10, which has taken place since 1780 [Truesdale (DB/30) §13]. Approximately 100,000 people attend the Derby, with millions watching around the world [Truesdale (DB/30) §17]. The Derby is also known as the "People's Race" as it embraces people from all walks of life, offering free access to parts of the event from the Epsom Downs [Truesdale (DB/30) §14]. AR should not be allowed deliberately to obstruct the wider public's legitimate enjoyment of the sport. 42. Animal welfare is at the heart of the sport, which is heavily regulated and attracts significant investment [Truesdale (DB/30) §§28-34]. No race runs unless British Horseracing Authority ("BHA") criteria are satisfied, and industry statistics show that 99.5% of horses that race finish safely [Truesdale (DB/30) §30]. At the Epsom 41. The Epsom Derby is a much-loved sporting event 10 , which has taken place since 1780 [Truesdale (DB/30) §13] . Approximately 100,000 people attend the Derby, with millions watching around the world [Truesdale (DB/30) §17] . The Derby is also known as the “People’s Race” as it embraces people from all walks of life, offering free access to parts of the event from the Epsom Downs [Truesdale (DB/30) §14] . AR should not be allowed deliberately to obstruct the wider public’s legitimate significant investment [Truesdale (DB/30) §§28-34] . No race runs unless British Horseracing Authority (“ BHA ”) criteria are satisfied, and industry statistics show that 99.5% of horses that race finish safely [Truesdale (DB/30) §30] . At the Epsom
10 Queen Elizabeth II was a patron of the Applicant and the Thoroughbred Breeders' Association, and, as is well known, very rarely and reluctantly ever missed a Derby [Truesdale (DB/30) §§7, 14]. 10 Queen Elizabeth II was a patron of the Applicant and the Thoroughbred Breeders’ Association, and, as is well known, very rarely and reluctantly ever missed a Derby [Truesdale (DB/30) §§7, 14] .
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