1A.1.
Section 4 of the Act grants the public the "right of access for air and exercise on foot over the Downs", save that "nothing in this section shall authorise any interference with ... any ... rights conferred upon the Company ... by this Act."
1A.2.
Section14 provides that the Claimant may hold and conduct horse races at Racing Fixtures on the Epsom Downs on up to 16 days in a year.
1A.3.
Section 17 provides that the Claimant may hold Racing Fixtures "notwithstanding anything contained in this Act or in any byelaws made under this Act".
1A.4.
Pursuant to s. 17, the Claimant may:
1A.4.1.
On the day of a Racing Fixture, control access over the Downs to a broad area of land encompassing the Epsom Racecourse ("the Relevant Area") and to the Parade Ring (s. 17(3)); On all days, exclude members of the public from walking on the Relevant Area except across at least seven crossing places, and on the day of a Racing Fixture, also exclude members of the public from said crossing places (save that in the three days prior to a Racing Fixture, the Applicant must maintain a passage of 1-2 metres across the northern part of the Relevant Area: ss. 17(5)(a), 17(16)). On the day of a Racing Fixture, exclude members of the public from the Relevant Area, subject to the payment of a charge as the Applicant sees fit (s. 17(1)(b)).
1A.4.2.
1A.4.3.
The Claimant claims:
2. An injunction to restrain the Defendants, on the day of any Racing Fixture, from:
2.1. committing acts of trespass and/or interfering with the Claimant's rights under the Act to hold and conduct Racing Fixtures by:
2.1.1. entering the Race Track, except at authorised Crossing Points;
2.1.2. entering and/or remaining on any Crossing Points without Authorisation;
2.1.3. entering the Parade Ring without Authorisation;
2.1.4. entering and/or remaining on any part of the Horses' Route to the Parade Ring, without Authorisation;
2.1.5. entering and/or remaining on any part of the Horses' Route to the Race Track, without Authorisation; an4
2.2. breaching s. 2(2)(c) of the Byclaws by:
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