Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1 August 2023 Exhibits: NT2 NT3
Defendants") listed on the Order, were prohibited from acts listed at paragraph 2 of the Order.
12.
As I explain further below, the Respondent fell within the definitions of both the Second and Sixth Defendants being, respectively:
12.1
"Persons unknown entering the area described below as the "Race Track" on the day of a "Racing Fixture" except at "Crossing Points" and with "Authorisation", as described below; and Persons unknown entering the area described below as the “Race Track” on the day of a “Racing Fixture” except at “Crossing Points” and with “Authorisation”, as
12.2
Persons unknown intentionally obstructing the "Horse Races", as described below". Persons unknown intentionally obstructing the “Horse Races”, as described below
13.
As I explain further below, for the purposes of this application, the relevant prohibited acts within paragraph 2 of the Order are at sub-paragraphs 1 and 6 which are:
13.1
"(1) Enter the Race Track, except at authorised Crossing Points; and (1) Enter the Race Track, except at authorised Crossing Points
13.2
(6) Intentionally obstruct the Horse Races. (6) Intentionally obstruct the Horse Races
14.
Per paragraph 1 of the Order, the following are the relevant definitions for the purposes of interpreting the Order in relation to this application:
14.1
The "Race Track" means the area between the crowd barriers on either side of the stretch of land marked with a yellow dotted line, starting at point (C) and ending at point (D) on the Plan. "Racing Fixture" means an Authorised Meeting within the meaning of s. 14 of the Act, being a race meeting held on up to 16 days in any one year at the Epsom Racecourse, including Oaks Day and Derby Day. The "Crossing Points" mean the 10 points at which members of the public may cross from one side of the Race Track to another with Authorisation, marked in blue on the Plan. "Authorisation" means authorisation given to any member of the public to be in a particular area at the Epsom Racecourse at a particular time, whether by a steward, police officer, and/or any agent of Jockey Club Racecourses Limited.
14.2
14.3
14.4
14.5
"Horse Races" means any and all horse races taking place on the day of a Racing Fixture.
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