___________________________________________________
JDR2
___________________________________________________
JDR2 / 1
Filed on behalf of the Claimant
Witness statement of Nevin Truesdale
Statement No. 2
Date: 5 April 2024
Exhibits: NT4
IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES BUSINESS LIST (Ch D)
BETWEEN:
JOCKEY CLUB RACECOURSES LIMITED
Claimant
-and-
(1) DANIEL FRANK PETER KIDBY (2) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “RACE TRACK” ON THE DAY OF A “RACING FIXTURE”, EXCEPT AT
“CROSSING POINTS” WITH “AUTHORISATION”, AS DESCRIBED BELOW
(3) PERSONS UNKNOWN ENTERING AND/ OR REMAINING ON ANY “CROSSING POINTS” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (4) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “PARADE RING” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRIBED BELOW (5) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY PART OF THE AREAS DESCRIBED BELOW AS THE “HORSES’ ROUTE TO THE PARADE RING” AND/OR THE “HORSES’ ROUTE TO THE RACE TRACK” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESCRI BED BELOW (6) PERSONS UNKNOWN INTENTIONALLY OBSTRUCTING THE “HORSE RACES”, AS DESCRIBED BELOW (7) PERSONS UNKNOWN INTENTIONALLY CAUSING ANY OBJECT TO ENTER ONTO AND/OR REMAIN ON THE “RACE TRACK” WITHOUT “AUTHORISATION” ON THE DAY OF A “RACING FIXTURE”, AS DESC RIBED BELOW (8) PERSONS UNKNOWN INTENTIONALLY ENDANGERING ANY PERSON AT THE LOCATION DESCRIBED BELOW AS THE “EPSOM RACECOURSE” ON THE DAY OF A
“RACING FIXTURE”, AS DESCRIBED BELOW (9) MR BEN NEWMAN
Defendants
1
JDR2 / 2
___________________________________________________
SECOND WITNESS STATEMENT OF NEVIN TRUESDALE
___________________________________________________
I, NEVIN TRUESDALE , of the Jockey Club Racecourses Limited, 21-27 Lambs Conduit St, London, WC1N 3NL, WILL SAY as follows:
1.
This is my second witness statement in support of the claim and I am duly authorised by the Claimant to make this statement on its behalf. My first witness statement is dated 22 May 2023 1 and I refer the Court to, and adopt as part of my evidence for the forthcoming hearing, that statement. I also refer the Court to, and adopt as part of my evidence for the forthcoming hearing, my first affidavit dated 1 August 2023 2 . I adopt the defined terms set out in my first witness statement and my first affidavit. Unless stated otherwise, the facts and matters set out in this witness statement are within my knowledge and are true. Where any facts or matters are not within my own knowledge, the source of the information is identified and those facts and matters are true to the best of my knowledge and belief. There is now produced and shown to me marked exhibit "NT4" a bundle of true copy documents to which I refer in the course of this Witness Statement. Save where stated otherwise, references below to page numbers are to the pages of exhibit "NT4".
2.
3.
Background
4.
The background to this matter has been set out extensively in:
4.1
my first witness statement 3 ;
4.2
the first witness statement of Amy Starkey, Managing Director of the Claimant 4 ;
4.3
the first witness statement of Dickon White, Aintree and North-West Regional Director for the Claimant 5 ;
4.4
the first witness statement of Simon Knapp, Senior Veterinary Surgeon for London Region Races at the Claimant 6 ;
1 Pages 1-133 of NT4 2 Pages 134-346 of NT4 3 Pages 1-133 of NT4 4 Pages 347-371 of NT4 5 Pages 372-405 of NT4
2
JDR2 / 3
4.5
the first witness statement of Julian Diaz-Rainey of the Claimant’s solicitor 7 ; and
4.6
my first affidavit 8 ;
5.
In summary, the Claimant owns Epsom Racecourse, which hosts the Epsom Derby Festival, a horse-racing festival set across 2 days each year including the most prestigious race, the Epsom Derby, on the Saturday. In response to a threat from animal rights protesters to disrupt the Derby Festival, as they had done at the previous Grand National, the Claimant issued proceedings against the First to Eighth Defendants, applying concurrently for an interim order to prohibit the Derby Festival from being disrupted. The Court granted an order in the terms of the order of Sir Anthony Mann of 26 May 2023 (the “ Order ”) 9 . My first affidavit deals with matters following the Order, which can be summarised as follows. The Ninth Defendant was interviewed on BBC Radio Surrey on 2 June 2023 where he confirmed he knew of the Order 10 . Shortly after the start of the Epsom Derby, the Ninth Defendant ran on to the Racetrack near to the start-finish line. It took the efforts of several police officers and stewards to apprehend the Ninth Defendant. I refer the Court to the statements of PC Stevens and PC Hodgkins 11 . The Ninth Defendant was subsequently arrested, charged and found guilty of a public order offence. He was given an 18 week suspended sentence (having been refused bail following his arrest, so having been in prison for around 1 month), ordered to complete 80 hours of unpaid work, and ordered to pay costs. The Claimant subsequently brought a contempt of court application against the Ninth Defendant. He was given a further suspended custodial sentence, gave several undertakings and ordered to pay costs. The Court is referred to the Order of Mr Justice Miles of 11 October 2023 (the “ Committal Order ”) 12 .
6.
7.
The purpose of this witness statement is to update my evidence to the Court.
The Epsom Racecourse
8.
As set out at paragraphs 20 to 24 of my first witness statement, the geography at Epsom Racecourse is different to other racetracks and as a result, it is more vulnerable to trespass 13 . As set out at paragraph 27 of my first witness statement, this is because it is possible for individuals without tickets to view the Epsom Derby
6 Pages 406-410 of NT4 7 Pages 411-436 of NT4 8 Pages 134-346 of NT4 9 Pages 437-452 of NT4 10 Pages 313-314 of NT4 11 Pages 453-458 of NT4 12 Pages 459-463 of NT4 13 Pages 5-6 of NT4
3
JDR2 / 4
Festival from various points around the racecourse. Aerial photographs of Epsom Racecourse are included in NT1 14 .
9.
Further, due to the geography of Epsom Racecourse it is not possible to see the entirety of the racecourse from any ground level point on the racecourse. Due to this, there are several points on the course where protesters can enter the racecourse and will not have visibility of the start line of the racecourse to see whether the race has begun.
10.
This creates a greater level of danger and risk for the protesters who decide to enter the racecourse which is unique to Epsom Racecourse.
Animal Rights protests
11.
As detailed in my first witness statement at paragraphs 35 to 48 15 , my first affidavit at paragraphs 55 to 58 16 , and the witness statement of Dickon White at paragraphs 19 to 27 17 , animal rights protesters have organised several protests at horse racing events with the aim of causing disruption and attracting media attention to further their cause. Ahead of the 2022 Derby, six protestors affiliated with the protest group Animal Rising (“ AR ”), at the time known as Animal Rebellion, evaded the Racecourse’s security and ran on to the Racetrack. The First Defendant is the co-founder of AR and the Ninth Defendant is affiliated with the group. In 2023, protesters affiliated with AR planned and instigated protests at the 2023 Grand National, Ayr Racecourse and Doncaster Racecourse. Further, and in the knowledge of the Interim Injunction Order, the Ninth Defendant entered the racecourse at the 2023 Derby, intentionally disrupting the race. This demonstrates a pattern of behaviour by animal rights activists with a particular focus to disrupt horse racing events. I enclose a video featuring Alex Lockwood, a co- founder of AR, who looks back on AR’s ‘achievements’ in 2023 18 . He champions protest action at the 2023 Grand National and the 2023 Derby in spite of the Interim Injunction Order. Mr Lockwood states that the Ninth Defe ndant’s actions at the 2023 Derby created AR’s ” biggest ever press day ” and helped the group to further its aims and agenda. It is clear therefore that, despite such actions being in many cases criminal and, as with the conduct of the Ninth Defendant in this matter, a contumelious breach of a court order, they have nevertheless been celebrated by animal rights protesters.
12.
13.
14.
15.
14 Pages 28-33 of NT4 15 Pages 8-10 of NT4
16 Pages 147-148 of NT4 17 Pages 376-378 of NT4 18 https://www.youtube.com/watch?v=ymF75WOcNUs - page 464 of NT4
4
JDR2 / 5
16.
Similarly, on 6 March 2024, AR published an article on its website entitled ‘Grand National Disruption: Social Change Lab Reports Positive Long-Term Societal Change’ 19 . This article assessed the impac t of AR’s action at the 2023 Grand National and claimed that such action heightened support for implementing policy changes to protect animals, including a ban on horse racing. AR’s website further champions other disruptive protests such as shutting ‘ down every McDonald’s distribution centre in the country, scal[ing] government buildings and stopp[ing] the supply of dairy to supermarkets ’ 20 . It appears that disruption is at the core of AR’s i deology as a method to achieve media attention and further its agenda. Similarly, on 21 January 2024, AR created a post on Facebook condemning commercial dog racing in the UK and celebrating the closure of Henlow Stadium in Bedfordshire after ‘ nearly 100 years of cruelty ’ in reference to the dog racing that has take place at the stadium. In that post, AR states that in 2023 it demonstrated at ‘ almost half of the remaining licensed greyhound tracks in the UK ’ 21 . In a statement to the press on 4 April 2024, AR stated that ‘it will not target this year’s race at Aintree … and that it is suspending its campaign of direct action against racing indefinitely ’ , although AR’s spokesperson, Nathan McGovern stated, ‘ Never say never ’. Mr McGovern that that the reason AR did not intend to target Aintree ‘ is that as far as we can see, last year there was a huge public conversation on the back of the Grand National, Epsom et cetera, and it would appear that the public have in large part been convinced that they don’t want r acing to be part of the fabric of British culture going forward. ’ 22 I do not consider that AR’s actions have had such an effect. General admission to Cheltenham Gold Cup day was once again sold out this year, and most areas of the Aintree Racecourse are continuing to sell well across all 3 days of the Grand National. Our digital engagement levels as a sport have never been higher with 30 million views of our Cheltenham online videos and very strong engagement in our online sales pipelines. In short, horse racing remains a highly popular and well-attended sport, the second most attended in Britain, across many demographics and socioeconomic groups. Moreover, as set out in my first statement, it is my understanding that AR is not a corporate entity and that it has no particular hierarchical structure. Rather, AR is a collection of persons who share a common purpose. I know very little of the other
17.
18.
19.
20.
21.
19 https://www.animalrising.org/post/grand-national-disruption-social-change-lab-reports-positive-long-term-societal- change - pages 499-501 of NT4 20 https://www.animalrising.org/our-history%20-%20pages%20490-491 – pages 490-491 of NT4 21 Page 492 of NT4 22 ‘We won’t be there’: Animal Rising will not protest at Grand National this year | Grand National | The Guardian – page 502-504 of NT4
5
JDR2 / 6
members of AR (beyond the First and Ninth Defendants), how many there may be, or what their intentions are in respect of horse racing. At least, as of last year, it had been suggested that there were 1000 active members. Furthermore, as seen last year in respect of the actions of the Ninth Defendant, individuals affiliated with AR may act alone. I consider that despite AR’s statement, therefore, there remains a threat that individual protesters may seek to enter onto the track at the Epsom Racecourse and disrupt the races. Just one individual doing so is sufficient to pose a significant risk to all those in attendance. Furthermore, AR continues to recruit new members via its website, https://www.animalrising.org/, where it encourages people to: i) join weekly talks via Zoom, to learn about the group; ii) attend training courses run by AR, to engage in ‘non - violence training’ ; and iii) sign-up for its local groups. In particular, the ‘About Us – Who is Animal Rising’ section of AR’s website states that ‘ This summer will be the summer of Animal Rising ’ , and that the organisation ’s ‘ campaigns this year are going to be huge ’ . AR states that it will be ‘freeing animals, occupying farms, and disrupting cruel and ou tdated animal racing events’ 23 . The group emphasises the need to challenge purported exploitation of animals in various industries, including horse racing. Similarly, under the heading ‘How we achieve change’, AR’s website sets out the organisation’s planned protests for summer 2024, which include at point 2 ‘ Mass trespass onto animal racing events. ’ It states, ‘ As a nation of animal lovers it is about time we put these cruel, outdated practices under the spotlight and bring them to an end. There are more fun ways to spend a weekend than watching animals die, and as a society we will find ways to love animals without harming t hem’ 24 . In short, I believe that there remains a threat that animal rights protesters, whether or not affiliated with AR, may be inspired by AR’s previous actions and ongoing messaging on its website, and seek to disrupt the races at Epsom. As set out above, the nature of the racecourse at Epsom makes it very difficult to secure from those intending to trespass on the tracks. Moreover, the Derby in particular is, of course, one of the best attended, most famous and widely broadcast, horse races in the world and a key target for activist groups seeking to attract media attention.
22.
23.
Wider protest action at Sporting Events
24.
Further to the above, I believe that there remains a threat that other activists, not only those purportedly driven by animal rights concerns, will disrupt the races. Just Stop Oil ( “JSO” ) is an environmentalist activist group that says it wants the UK government to commit to ending new fossil fuel licensing and production.
25.
23 https://www.animalrising.org/who-are-animal-rising - pages 493-496 of NT4 24 https://www.animalrising.org/how-we-achieve-change - pages 497-498 of NT4
6
JDR2 / 7
26.
In 2023, JSO activists carried out a number of disruptive protests at high profile sporting events, presumably with the aim of attracting more attention to its cause. These included: throwing confetti and jigsaw puzzle pieces and/or orange paint and powder at Wimbledon, the Gallagher Rugby Premiership, the Open Championship, the Ashes and the World Snooker Championship 25 . Extinction Rebellion, an international activist organisation that protests about climate and environmental issues published an article on 1 January 2024 which promised “escalating actions and tactics throughout the course of the year” 26 . There is a clear recent history of activist organisations targeting high profile sporting events to seek to attract media attention and further their agenda through disruptive activities. As can be seen from the examples above, the actions taken and sporting events targeted are often not linked in any direct way with the protesters’ purported cause; protesters have targeted a range of high profile sporting events merely to attract attention. As noted in a Reuters article from 21 December 2023 27 , ‘ Sport continues to be a catalyst for protest despite misgivings …. sporting platforms have turned into lightning rods for social activism…Be it athletes or spectators, disobedience or disruption has been the order of the day as they attempt to transcend the boundaries of the arena and convey their views to millions of people worldwide . ’ On this basis, the Claimant continues to be very concerned that the summer of 2024 will see a repeat of the numerous protests that occurred in summer 2023. As set out above, the Epsom Racecourse is particularly vulnerable to trespass and disruption, and absent an injunction, I believe that there is a very real and immediate threat to the safe and smooth operation of the world-famous races hosted there.
27.
28.
29.
30.
The Impact of Trespass and Disruption
31.
As detailed in my First Witness Statement, the disruptive actions of protesters at the Epsom Racecourse have significant and wide-ranging deleterious effects on the following groups.
The Horses and the Jockeys
32.
I refer the Court to the first witness statement of Simon Knapp, the C laimant’s Senior Veterinary Officer for London Region Races, for a detailed assessment of the impact of the threatened action on the horses and jockeys. As detailed in paragraph 15 of that
25 Pages 465-480 of NT4 26 https://extinctionrebellion.uk/2024/01/01/2024-now-we-step-it-up/ - pages 481-486 of NT4 27 https://www.reuters.com/sports/sport-continues-be-catalyst-protest-despite-misgivings-2023-12-21/ - pages 487-489 of NT4
7
JDR2 / 8
statement, Mr Knapp concludes that any disruption to racing events presents significant and serious risks to everyone involved, particularly the horses ’ safety and wellbeing 28 .
The Protestors
33.
Protesters at race meetings often put themselves, and as a result also police and security personnel, at significant risk. In addition to the risk of entering the Racetrack there is also the risk of violence to the protestors should sections of the crowd become hostile to the protestors’ actions. There is clear and obvious risk to those security and police staff seeking to apprehend any protestors. I refer, for example, to the statement of PC Hodgkinson, who apprehended the Ninth Defendant and who says that he was in genuine fear for his safety and was scared he was going to be seriously injured 29 . PC Stevens also stated he was concerned for the safety of individuals who were dealing with the Ninth Defendant and the high-risk situation that the Ninth Defendant had caused 30 .
The Public
34.
Should a race be delayed, cancelled, or its safety threatened by protestors, this creates increased risks relating to crowd control and anti-social behaviour.
Additional Event Costs and Organisation
35.
As a result of the threats of trespass and disruption, and the acts of the Ninth Defendant at last year’ s Derby, the Claimant has had to divert management time away from the normal running of its business at significant cost and detriment to the Claimant. The costs of the additional security measures at the 2023 Grand National and the 2023 Derby are detailed in my First Witness Statement 31 .
36.
Due to the remaining threat, we anticipate that additional security measures will again be required at the 2024 Epsom Festival, at further significant cost to the Claimant.
37.
As noted in my First Witness Statement, Surrey Police indicated its support for the interim injunction application, and the Claimant was in constant dialogue with Surrey Police surrounding the 2023 Derby Festival. As noted in my First Affidavit, Surrey Police had a significantly increased presence at the Derby Festival in 2023 and carried out a significant operation prior to the festival. Such policing, together with the Claimant’s own increased security measures were insufficient, however, to prevent the disruption which occurred. The Claimant remains in close contact with Surrey Police
28 Page 410 of NT4 29 Pages 456-458 of NT4 30 Pages 453-455 of NT4 31 Page 12 of NT4
8
JDR2 / 9
Filed on behalf of the Applicant
Witness statement of Nevin Truesdale
Statement No. 1
Date: 22 May 2023
Exhibits: NT1
IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES CHANCERY DIVISION BETWEEN:
JOCKEY CLUB RACECOURSES LIMITED
Applicant
-and-
(1)
DANIEL FRANK PETER KIDBY
(2) PERSONS UNKNOWN INTENTIONALLY OBSTRUCTING THE 7 HORSE RACES ON 2 JUNE 2023 AND 8 HORSE RACES ON 3 JUNE 2023 AT THE LOCATION DESCRIBED BELOW AS THE “EPSOM RACECOURSE” (3) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “RACE TRACK” EXCEPT AT SPECIFIC “CROSSING POINTS” AND WITH
“AUTHORISATION”, AS DESCRIBED BELOW
(4)
PERSONS UNKNO WN ENTERING AND/OR REMAINING ON ANY “CROSSING POINTS” WITHOUT “AUTHORISATION”, AS DESCRIBED BELOW
(5) PERSONS UNKNOWN INTENTIONALLY CAUSING ANY OBJECT TO ENTER ONTO THE “RACE TRACK” WITHOUT “AUTHORISATION”, AS DESCRIBED BELOW (6) PERSONS UNKNOWN ENTERING THE AREA DESCRIBED BELOW AS THE “PARADE RING” WITHOUT “AUTHORISATION”, AS DESCRIBED BELOW (7) PERSONS UNKNOWN ENTERING AND/OR REMAINING ON ANY PART OF THE AREAS DESCRIBED BELOW AS THE “HORSES’ ROUTE TO THE PARADE RING” AND/OR THE “HORSES’ ROUTE TO THE RACE START”, WITHOUT “AUTHORISATION”, AS DESCRIBED BELOW (8) PERSONS UNKNOWN INTENTIONALLY ENDANGERING ANY PERSON AT THE LOCATION DESCRIBED BELOW AS THE “EPSOM RACECOURSE” Respondents
1
JDR2 / 11
___________________________________________________
FIRST WITNESS STATEMENT OF NEVIN TRUESDALE
___________________________________________________
I, NEVIN TRUESDALE , of the Jockey Club Racecourses Limited, Sandown Park Racecourse, Portsmouth Road, Esher, Surrey, England, KT10 9AJ, WILL SAY as follows:
1.
I am the Group Chief Executive of the Applicant. I have held this position since the end of August 2020.
2.
I joined the Applicant in 2013 as Group Finance Director from Centrica, where I was Fina nce Director for British Gas’s Residential Energy division. I previously worked at The AA and Ernst & Young and I am a graduate of the University of Cambridge. I am a qualified Chartered Accountant since 1998 and a Full Member of the Institute of Chartered Accountants in England and Wales. I report to the Board (in the Applicant ’ s case, known as the ‘ Stewards ’ ) and have overall management responsibility for the business of the Applicant, which includes all aspects of the Group ’ s activity including the racecourses operations, gallops, national stud and racing welfare. I am also a non-executive director of Sports United Against Dementia, a charity with senior leaders across the sports industry using their contacts and influence to find a cure and fundraise for dementia.
3.
4.
I am duly authorised by the Applicant to make this statement on its behalf and in support of its application for injunctive relief.
5.
Unless stated otherwise, the facts and matters set out in this Witness Statement are within my knowledge and are true. Where any facts or matters are not within my own knowledge, the source of the information is identified and those facts and matters are true to the best of my knowledge and belief. There is now produced and shown to me marked exhibit "NT1" a bundle of true copy documents to which I refer in the course of this Witness Statement. Save where stated otherwise, references below to page numbers are to the pages of exhibit "NT1".
6.
The Parties
7.
The Jockey Club ’ s (the Applicant ’ s parent company incorporated by Royal Charter) existence dates back to the Eighteenth Century. The Applicant is now the largest commercial horseracing organisation in the United Kingdom. It owns and operates a number of well-known racecourses, as well as owning and exploiting the commercial
2
JDR2 / 12
rights associated with those courses and the races which they host. It is governed by a Royal Charter and all of its profits are recycled into the sport. The Applicant runs over 340 racing fixtures a year across 15 different racecourses. Queen Elizabeth II was a patron of both the Applicant and the Thoroughbred Breeders’ Association. The Applicant is a limited liability company registered in England and Wales with the number 02909409 and whose registered address is Sandown Park Racecourse, Portsmouth Road, Esher, Surrey, England, KT10 9AJ. It has at all material times carried on the business of owning and operating horse racecourses, organising race meetings at such racecourses, owning and exploiting the commercial rights associated with such meetings and racecourses and related activities.
8.
9.
The Applicant employs more than 600 permanent staff and more than 3,000 people on an event basis throughout the UK across a diverse range of roles.
10.
The known Defendant/Respondent is the co-founder of Animal Rising 1 , an animal activist movement based in the United Kingdom ( “ AR ” ). It is my understanding that AR is not a corporate entity and that it has no particular hierarchical structure. Rather, AR is a collection of persons who all share a common purpose. I know very little of the other members of AR, or how many there may be, save that: i) the group has large followings on each of its social media accounts (65.5 thousand followers on Instagram, and 23.7 thousand on Twitter; and ii) it has been suggested to the Applicant that the group has over 1,000 active participants 2 . At the time of signing this witness statement, it appears that AR recruits new members via its website, https://www.animalrising.org/, where it encourages people to: i) join weekly talks, via Zoom, to learn about the group; ii) attend training courses run by AR, to engage in ‘ non-violence training ’ ; and iii) sign-up for its local groups. In respect of the latter, those interested are asked to complete a registration form that asks for, inter alia , the person ’ s name, their email address, their mobile phone number and, particularly relevant for the purposes of this application, whether the interested individual would ‘ like to disrupt the races at Epsom Derby (03/06) . ’ 3 Further, at the time of writing this, there is a banner at the top of the AR website stating “ TAKE ACTION FOR ALL LIFE: DISRUPT THE EPSOM DERBY. JOIN US ON THE TRACKS ” . Clicking on the link behind the wording “ JOIN US ON THE TRACKS ” takes one to a form 4 which states inter alia “ Join us on the tracks of the Epsom Derby! We'll be disrupting the Epsom Derby to continue the conversation we started at the Grand
11.
1 https://www.instagram.com/p/CrJfJV9Klo7/ - page 1 of NT1 2 https://www.dailymail.co.uk/news/article-12106435/Militant-animal-rights-activists-vow-sabotage-Epsom-Derby-target- unpoliceable-racetrack.html - page 2 of NT1 3 https://www.animalrising.org/get-involved pages 3 - 8 of NT1 4 https://docs.google.com/forms/d/e/1FAIpQLSfvckRfv8DgqBBphqtMuh98Y2X_UKU6_Nwohz9jLS1uWJm1RA/viewform pages 9-11 of NT1
3
JDR2 / 13
National. Be one of those to make history and achieve meaningful change for all life, join us on the tracks . ”
12.
What is known about AR and the known Respondent is that they are actively seeking to disrupt horseracing. This is abundantly clear from the website and social media per the above and: the actions of AR and the known Respondent at Aintree Racecourse (operated by the Applicant) ahead of the 2023 Grand National, which took place on Saturday 15 April 2023 (the “ 2023 Grand National ” ). I briefly address the incidents that took place at the 2023 Grand National at paragraphs 38 to 41 below, but a more detailed account is provided in the witness statement of Dickon White, the Applicant ’ s Aintree and North- West Regional Director, who manages Aintree Racecourse and who witnessed the actions of AR and the known Respondent first hand; the meetings and conversations the Applicant ’ s representatives have had with the known Respondent and members of AR, during which it has been made clear to the Applicant that AR ’ s intention is to disrupt horseracing and to prevent races from going ahead, in particular a forthcoming race at Epsom Downs Racecourse, Tattenham Corner Rd, Epsom KT18 5LQ (the “ Racecourse ” ). I briefly address these communications at paragraphs 49 to 51 below, but a more detailed account is provided in the witness statement of Amy Starkey, the Applicant ’ s Regional Director – East, who has had several interactions with the known Respondent and AR; and A Mail on Sunday article dated 21 May 2023 (page 2 of NT1), amongst other things, reports that AR will try to break on to the Racetrack in an attempt to delay or cancel the Derby.
12.1
12.2
12.3
The Racecourse and Derby Festival
13.
In 1994, the Applicant purchased the Racecourse. The key race in the calendar at the Racecourse is the Derby (also known as the Epsom Derby) which takes place on the first Saturday of June each year (the “ Derby ” ). The Derby was first run in 1780 and is widely regarded as the Wor ld’ s most prestigious flat horse race. It is known as the People ’ s Race as it embraces people from all walks of life offering free access to the Derby from the Epsom Downs. Queen Elizabeth II rarely missed a Derby.
14.
15.
The Friday before the Derby is known as Ladies Day and features the Oaks, another of Britai n’s five classic races. Both days are known together as the “ Derby Festival ” .
4
JDR2 / 14
16.
This year ’ s Derby Festival will take place between Friday 2 and Saturday 3 June 2023 (the “ 2023 Derby Festival ” ), with the Derby scheduled to commence at 1:30pm on the second day (the “ 2023 Derby ” ). Approximately 100,000 people attend the Derby, with millions watching around the world including in Japan, Hong Kong and Australia.
17.
The Racecourse – Proprietorship
18.
An ownership plan is at page 12 of NT1, which is summarised as:
Land Description
Freehold / Leasehold
Title number
Land being Epsom Racecourse, Epsom Downs (but excluding any roads) Land being Epsom Downs and land lying to the South of Epsom Downs, Epsom Land adjoining Golf Cottage, 84 Longdown Lane South, Epsom KT17 4JR Land being Derby Stables, Derby Stables Road, Epsom Land known as the Paddock, Langley Vale Road, Epsom KT18 5NQ
Leasehold
SY645094
Freehold
SY229932
Freehold
SY691867
Freehold Freehold
SY640786 SY251358
Land at Derby Arms Paddock, Downs Road, Epsom
Freehold
SY840946
19.
While the Applicant owns the Racecourse, the land within it and around it is managed by the ‘ Conservators ’ pursuant to the Epsom and Walton Downs Regulation Act 1984 (the “ 1984 Act ” ) and Epsom and Walton Downs Conservators Byelaws (the “ Byelaws ” ). The Conservators were incorporated by the Epsom and Walton Downs Regulation Act 1936 with powers to regulate, preserve and control the Epsom Downs and Walton Downs. There are ten Conservators of which the Applicant holds three places.
The Racecourse – Geography
20.
The Racecourse is split into various zones. The racetrack itself is unlike other racetracks as it is a horseshoe shape. The start line for the Derby is at the southwest corner, it then extends eastwards before turning northwards and finally westwards to the final straight in front of the grandstands. The racetrack is approximately 1 mile and 4 furlongs in length (the “ Racetrack ” ).
5
JDR2 / 15
The area within the horseshoe is referred to as the “ Hill ” . When the Derby Festival is on, the Hill is split into various sections including areas for parking, a funfair, a heliport and various enclosures. Six aerial images are at pages 13 to 18 of NT1. Page 15 of NT1 shows the position of the stables marked at point ‘a’. This is where the horses will start their ‘journey’ on their race day. They will then proceed along the yellow marked route, which is a dedicated ‘horse walk’ to point ‘b’ wh ich is the Parade Ring. All horses entered for a particular race tend to go at the same time albeit in a “train” fashion. Occasionally, if requested by their trainer a horse may come later or earlier than the main bunch. The horses walk this journey, controlled by their handlers (stable staff), which is not always an easy task as the horses are highly strung athletes and are keen to race. The horses walk around the Parade Ring and wait for the jockeys to enter it. Once inside, the jockeys mount their horse and continue to circle in the Parade Ring for normally around 10 – 20 minutes. At page 17 of NT1 the next part of the journey, which is from the Parade Ring to the Racetrack is marked in yellow with point ‘ c ’ indicating the horse ’ s entrance to the Racecourse. When the horses leave the Parade Ring they cross over a short area of rubber horsewalk. Most of this pathway has fencing installed on either side. There are gaps in the fencing, such that when the horses are not walking through this area, spectators can pass through. When the horses are brought out, the pathway is closed off entirely by stewards holding up rope. At this point, no spectators are allowed within the horses ’ pathway. This is important to protect the spectators from the horses (which are at this point, ready to race), and the horses from the spectators (for example, from contamination risks if spectators try to touch the horses). The horses then go onto the grass “shute” a rea that is protected by crowd barriers on either side, before entering the Racetrack itself. Aerial photographs of this are at pages 16 and 18 of NT1. Once on the Racetrack the horses canter to the Derby start, which is marked at ‘ d ’ on the aerial photograph at page 13 of NT1. The aerial photograph at page 14 depicts crossing points in blue. Spectators are only allowed to pass over these crossing points when given special authorisation to do so by stewards or representatives of the Jockey Club, for example, for limited periods between races. Ensuring that no one is on these crossing points other than at carefully prescribed times, is crucial for the safety of all those involved in the event, not least spectators, horses and jockeys. The highest point of the Racetrack is at the top of end of the Racetrack, around the halfway point. The climb from the start of the Derby to the highest point is equivalent to the height of Nelson ’ s Column, having reached this point the Racetrack then descends steeply around to the finish line. This, coupled with the geography of the Racecourse more generally, means that there are numerous points where it is
21.
22.
23.
24.
25.
6
JDR2 / 16
impossible to see all of the Racetrack. This presents a particular, additional danger for those intent on coming onto the Racetrack as it may be impossible for them to tell whether the race is underway. For example, if someone was stood on the far side of the grandstand, beyond the winning post, you would not be able to see the start. On 4 June 1913, Emily Davison tragically lost her life at the Derby. She had entered the Racetrack at Tattenham Corner after some horses had already passed. Tattenham Corner is a blind corner, on a camber, and, therefore, of particular danger for those who enter the Racetrack at that point. Unlike other racecourses, it is possible for the public, with no requirement for a ticket, to enter the Hill and other areas to watch the Derby. The Racecourse is notable in this regard and poses a unique set of challenges come the Derby Festival.
26.
27.
Horse Welfare
28.
Equine safety is fundamental to everything the Applicant does and to the sport of horse racing. Everyone involved in horse racing loves horses and wants to see them properly looked after. British Racing is one of the world’s best reg ulated animal activities, with more than 6,000 people employed to look after the 15,000 horses in training, providing them with a level of care and a quality of life that is virtually unsurpassed by any other domesticated animal. The Applicant continues to invest in its facilities to make sure that it offers equine participants the best possible experience. This ranges from investments in safe racing surfaces and cushioned horsewalks to state-of-the-art misting fans and washdown areas. Every aspect of care and safety is considered. The racing industry has heavily invested in statistical analysis of falls and fatalities in order that we can understand where the risks are and improve safety. 99.5% of horses that race finish safely. Horse racing is usually only part of the full life of a thoroughbred racehorse. The Applicant supports Retraining of Racehorses (British horserac ing’s official charity for the welfare of former racehorses). There are currently more than 10,000 horses registered with Retraining of Racehorses as active in other equine disciplines outside of racing, including Polo, Showing, Dressage and Eventing, as well as those horses engaged in hacking and exercising. The British Horseracing Authority (the “ BHA ” ) is the Government-recognised body responsible for the independent regulation of horseracing and welfare of participants is an important part of its work. In addition to the BHA, the Applicant works with an
29.
30.
31.
32.
7
JDR2 / 17
independent board (the Horse Welfare Board) that advise and lobby on further improvements to equine welfare, holding the industry to account.
33.
None of the fixtures held annually in Britain could take place unless key BHA welfare criteria have been satisfied. From a purely commercial point of view, we would not have a business if safety standards were not being met. In relation to the Derby specifically, as I understand from discussing with Amy Starkey the Managing Director of Applicant, neither I nor Amy (during our combined 28 years of employment with the Applicant) has ever been questioned by the media in relation to the safety of horses at the Derby. It is a flat race and I understand that no horse has died at the Derby since 2006 – 16 runnings. On the day of the Derby, there is a full veterinary team on site, provided by the Racecourse. Further, the BHA also provide their own veterinary team. These teams are present at every point during the horses ’ journey and remain in close proximity throughout. They provide a high level of veterinary care.
34.
Incidents Involving the Known Respondent and/or AR
2022 Derby
The 2022 running of the Derby took place on 2 June 2022 (the “ 2022 Derby ”).
35.
36.
Ahead of the 2022 Derby, approximately six protestors affiliated to the activist group ‘Animal Rebellion’ evaded the Racecourse ’s security and ran on to the Racetrack. 5 According to Animal Rebellion ’ s website, the purpose was to ‘ disrupt the race. ’ The group also called for ‘ an end to horseracing ’ 6 (the “ 2022 Derby Incident ” ). It is my understanding that Animal Rebellion and AR are one and the same organisation, and that Animal Rebellion simply changed its name to AR in or around in April 2023. 7 The Applicant also owns Aintree Racecourse, which is located on Ormskirk Rd, Aintree, Liverpool L9 5AS ( “ Aintree ” ). I was at Aintree on Saturday 15 April 2023, where the Grand National was scheduled to commence at 5:15pm (the “ 2023 Grand National ” ). Shortly prior to the commencement of the race, however, the following incidents occurred:
37.
Aintree Racecourse 38.
5 https://www.theguardian.com/world/2022/jun/04/animal-rebellion-protesters-run-on-to-track-before-epsom-derby pages 19 to 20 of NT1 6 https://animalrebellion.org/protestors-disrupt-epsom-derby-in-a-call-for-an-end-to-animal-exploitation/ pages 21 to 24 of NT1 7 https://plantbasednews.org/news/activism/animal-rebellion-rebrand-rising/ pages 25 to 28 of NT1
8
JDR2 / 18
approximately 100 protestors affiliated with AR (the “ AR Protestors ” ) began scaling the 10ft fence that surrounds Aintree ’ s perimeter ( “ the “ Perimeter Fence ” ). The AR Protestors used ladders and various other tools in an attempt to gain access to the racecourse. For the avoidance of doubt, the AR Protestors had no legal right to access the Applicant ’ s property. The police and members of Aintree ’ s security team were engaged in an ongoing battle with the AR Protestors for a substantial period of time. Despite this, several of the AR Protestors were successful in gaining access to the racecourse and managed to get onto the racetrack (the “ First Unauthorised Access ” ); and a further three AR Protestors were able to gain access to the racetrack via the Embankment Enclosure, which contains one of the main spectator stands at Aintree. It is my understanding that these individuals had purchased tickets for the 2023 Grand National. Prior to the commencement of the race, they had accessed the racetrack by running underneath the fencing that skirts its edge. It is my understanding that these individuals were attempting to reach the second fence, over which the horses jump, in order to glue themselves to the fence (the “ Second Unauthorised Access ” ). For the avoidance of doubt, the AR Protestors had no legal right to access the racetrack. As a result of the First and Second Unauthorised Accesses (together the “ Aintree Incidents ” ), the start of the 2023 Grand National was delayed. The consequences of the AR Protestors ’ actions, and further information on what occurred, are set out in Mr. White ’ s witness statement that supports this application.
38.1
38.2
39.
40.
I am confident that those involved in the Aintree Incidents were affiliated with AR as:
40.1
several of the AR Protestors were wearing AR t-shirts; and
40.2
AR has widely publicised its involvement in disrupting the 2023 Grand National. 8
41.
In respect of the known Respondent, AR ’ s account on Instagram posted a video of the known Respondent on 17 April 2023 with the message: ‘ Hear from Animal Rising co- founder Dan Kidby about his actions on the track at Aintree... ’ 9 In the video, the known Respondent states: “ I was the person in the grey suit who made his way onto the tracks to try and stop the Grand National from happening. ” This suggests that the known Respondent was involved in the Second Unauthorised Access.
Ayr Racecourse
On Saturday 22 April 2023, Ayr Racecourse, which is located on Whitletts Rd, Ayr KA8 0JE ( “ Ayr Racecourse ” ) and is not owned by the Applicant, hosted the
42.
8 https://www.dailymail.co.uk/news/article-11976413/Grand-National-DELAYED-Animal-Rising-protesters-storm-Aintree- course.html page 29 to 57 of NT1 9 https://www.instagram.com/p/CrJfJV9Klo7/ page 1 of NT1
9
JDR2 / 19
annual Scottish Grand National. According to reports in the press, protestors affiliated to AR stormed onto the racetrack, without permission, in an attempt to stop the race from happening 10 (the “ Ayr Incident ” ). The same day, AR ’ s account on Instagram posted a video on their actions at Ayr Racecourse with the message: ‘ Supporters of Animal Rising have made it onto the track at the Scottish Grand National. They are trying to attach themselves to jumps and gates to remain in position, in an attempt to cancel the big race. Last week at Aintree was just the beginning. The Summer of Animal Rising is upon us. ’ 11
43.
44.
I do not know whether the known Respondent was involved in the Ayr Incident.
Doncaster Racecourse
45.
On Saturday 6 May 2023, Doncaster Racecourse, which is located on Bawtry Rd, Doncaster DN2 6BB ( “ Doncaster Racecourse ” ) and is not owned by the Applicant, hosted a racing fixture. The final race of the day was scheduled to commence at 7:55pm but it was delayed after three protesters were spotted sitting in the middle of the racetrack (the “ Doncaster Incident ” ). 12 Later that day, AR ’ s posted an article on its website titled: ‘ Coronation Royal Race Evening Disrupted At Doncaster: Animal Rising Occupy Track. ’ 13
46.
47.
I do not know whether the known Respondent was involved in the Doncaster Incident.
The Incidents
48.
The 2022 Derby, Aintree, Ayr and Doncaster Incidents show a clear and consistent pattern of behaviour and intent on AR ’s part . Further, there has been nothing to suggest that AR ’s campai gn against racecourses is over. Rather, AR ’s website lists three ‘streams of actions… tha t will continue throughout the summer. ’ The second of those ‘streams’ is: ‘ Mass trespass onto animal racing events. ’ 14
Communications Between the Applicant, the Known Respondent and AR
49.
It is my unequivocal view that the known Respondent and AR are seeking to disrupt – and, ultimately, stop – the 2023 Derby. This is based on multiple factors:
10 https://www.dailymail.co.uk/news/article-12002363/Animal-protesters-strike-rush-racecourse-bid-delay-Scottish- Grand-National.html page 58 to 65 of NT1 11 https://www.instagram.com/p/CrV4WMFKFj0/ page 66 to 67 of NT1 12 https://www.mirror.co.uk/sport/horse-racing/animal-rights-protest-doncaster-races-29914141 page 68 to 70 of NT1 13 https://www.animalrising.org/post/coronation-royal-race-evening-disrupted-at-doncaster-animal-rising-occupy-track page 71 to 73 of NT1 14 https://www.animalrising.org/how-we-achieve-change page 74 of NT1
10
JDR2 / 20
49.1
AR have clearly set out their intentions on their own website. The heading on their landing page states: ‘ Take action for all life: disrupt the Epsom Derby - join us on the tracks. ’ In addition, it says: ‘ Join us on the tracks of the Epsom Derby! We'll be disrupting the Epsom Derby to continue the conversation we started at the Grand National ’ 15 ; and as is set out in detail in Ms. Starkey ’ s witness statement, during a meeting on 11 May 2023 between AR, including the known Respondent, and the Applicant ’ s representatives, including Ms. Starkey (the “ 11 May Meeting ” ), the known Respondent set out AR ’ s clear intent that they would disrupt the 2023 Derby in an attempt to stop the race from happening.
49.2
50.
As detailed in Ms. Starkey ’ s statement, the Applicant made every effort to dissuade the known Respondent and AR from pursuing such action, including:
50.1
offering them the opportunity to have a dedicated position on-site to hold a peaceful protest; and
50.2
describing the potential dangers of their proposed disruption, not just to the horses, but to the jockeys and the general public.
51.
Notwithstanding this, it is my understanding that the known Respondent and AR remain committed to their plans to disrupt the 2023 Derby.
The Impact of the known Respondent and AR ’ s Actions and Threatened Actions on the Derby and Beyond
52.
The impact of the known Respondent and AR ’s actions and threatened actions are significant and span a number of issues and stakeholders as I set out below.
The Horses and the Jockeys
53.
The impact of the threatened action on the horses and jockeys is profound. In this regard I refer the Court to the first witness statement of Simon Knapp, the Senior Veterinary Officer for London Region Races, at the Applicant.
The Breeding Industry
54.
It is no exaggeration to say that the Derby defines the breed, it is not just about the racing. It is only 3-year-old colts that race in the Derby and the majority of the leading horses are often retired to stud after that season. If the Derby was cancelled the effect not just on those horses, but on the whole breeding and racing industry would be very
15 https://www.animalrising.org/ page 76 to 79 of NT1
11
JDR2 / 21
significant. The racing industry was concerned with this issue when the COVID-19 pandemic hit.
The Protestors
55.
As I have set out above in relation to Ms. Davison, the protesters are putting themselves at significant risk. In addition to the risk of entering the Racetrack there is also the risk of violence to the protestors should sections of the crowd become hostile to the protestors ’ actions.
The Public
56.
Approximately 100,000 people attend the Derby Festival. They attend knowing it is safe and entertaining. Should the race be delayed, cancelled, or its safety threatened by protestors, then there are increased risks relating to crowd control and anti-social behaviour.
Additional Event Costs and Organisation
57.
I have seen the witness statement of Mr. White that refers to the additional measures that were put in place at Aintree in respect of the 2023 Grand National in response to the threat from AR. They include additional security personnel and dogs, at the cost of approximately £70,000 plus VAT.
58.
Additional security measures that the Applicant is putting in place for the 2023 Derby Festival, will cost around £150,000.
59.
In addition to the direct, additional costs of putting on the 2023 Derby Festival, significant organisational and management time has already been (and will continue to be) diverted to operational matters in order to minimise the threat posed by AR. This includes additional discussions with: i) safety personnel; ii) security personnel; iii) the police; iv) the Applicant’s staff; v) the Applicant ’ s commercial partners; vi) the media; vii) suppliers to the Racecourse; viii) jockeys, trainers and owners; ix) the Local Authority; x) the Conservators; and xi) the Applicant ’ s legal team.
60.
The Applicant has been in constant dialogue with Surrey Police surrounding the 2023 Derby Festival. The Police have indicated their support for this injunctive action.
Wider Impact on the Applicant ’ s Business – Management Time
61.
It is not just in relation to the 2023 Derby Festival that the Applicant is having to divert management time away from the normal running of the business of the Applicant. It is wider and includes speaking to all of those listed at paragraph 59 above in relation to
12
JDR2 / 22
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200Made with FlippingBook - professional solution for displaying marketing and sales documents online