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
19.
On 22 May 2023 at 15:50, the Applicant's solicitors emailed a digital copy of the Claim Documents to the First Defendant, who is the Co-Founder of Animal Rising. I enclose this email at page 48 of NT2, as well as confirmation that the First Respondent downloaded the documents attached to the aforementioned email at 17:24 on 22 May 2023 at page 49 of NT2. Paragraph 4 of the Order confirmed that the Order would be served personally by the Claimant on the First Defendant. My understanding is that this was done by Stephen Williams a service agent (process server) in the employ of Conflicts International Limited on the instruction of the Applicant. I refer the court to enclosure 9 of NT2 at pages 50-51 being the witness statement of Mr Williams confirming that personal service of the Order on the First Defendant was achieved on 30 May 2023 at 5:16pm. Paragraph 5 of the Order sets out the steps that the Claimant had to undertake to effect good service of the Order on the Persons Unknown Defendants where personal service was dispensed with. For ease of reference these steps were:
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Posting the Order at 50-metre intervals along the part of the perimeter of the Race Track marked with an orange line on the Plan;
21.2
Posting a digital copy of the Order on its website and Facebook page; and
21.3
Providing digital copies to the organisation Animal Rising by email.
Posting the Order at 50-metre intervals along that part of the perimeter of the Race Track marked with an orange line on the Plan marked with an orange line on the Plan
22.
Between 10am and 1pm on Sunday 28 May 2023 copies of the Order were displayed at 50 metre intervals around the perimeter of the Race Track per the orange line on the Plan attached to the Order. This was confirmed to me by Simon Durrant, who is the General Manager of Kempton Racecourse and who was in charge of the operation to display the Order. Enclosure 10 of NT2 at pages 52-105 shows a series of images showing the locations of the copies of the Order, including as attached to the front gate. Mr Durrant also confirmed that the locations would be periodically checked in the lead up to the Derby Festival. Mr Durrant has confirmed to me that the locations of the displayed Order were checked periodically throughout the week leading up to the Derby Festival and on each of the two days (Friday 2nd and Saturday 3rd June). He has confirmed that on the occasion of each check, the displayed copies of the Order remained in place.
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Posting a digital copy of the Order on its website and Facebook page 6
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