[2018] EWHC 1304 (QB). It is plain from that authority, building on previous authority, that in an appropriate case a person can get an injunction to restrain activities which would otherwise be susceptible to criminal prosecution. In my view, this is such a case. The Claimant is protecting its own rights. It is not itself a prosecuting authority and would have no powers, or no particularly useful powers, in relation to a prosecution and it cannot reasonably be expected to become a prosecution authority in circumstances such as this. 60. It is pretty plain that criminal proceedings in any event are not an adequate deterrent, and indeed, judging from his email, Mr Kidby might almost be seen to be courting such proceedings. In all the circumstances, I am quite satisfied that this is an appropriate case in which civil relief should be granted, notwithstanding the fact that there may be, and I stress, only may be a criminal remedy. It is therefore plain that the potential availability of criminal proceedings is not a bar. 61. In those circumstances, and having considered the terms of the order, I shall make an order in the terms sought with just a couple of variations. The first is probably, although I have not yet debated this with Mr MacLean, the omission of a reference to the bylaws which are not what he seeks to enforce, and the second is an addition to the manner in which it is proposed to serve the order. 62. Where Persons Unknown are joined and are to be subject to an order, it is necessary to have an appropriate mechanism for serving them. That is to say, drawing the order to their attention, so that before they commit any of the offending acts, they are aware, or should be aware, that what they are doing is wrongful. There are proposals to publish the order on the website of the Claimant and of Epsom Downs, but that by itself would not be sufficient. Mr Maclean does not confine himself to that. 63. It was proposed to post the order at two types of places - at each entrance point to the racecourse and the crossing points. That, in my view, is appropriate. However, as I have already debated Mr Maclean, there are additional steps which need to be taken. The crossing points are scattered along the curved length of the racetrack, and if it is going to be sought to restrain people from entering the racetrack at any point other than the crossing points (and I should stress that under normal circumstances, even absent a race meeting, members of the public are not entitled to enter onto the surface of the racetrack itself) it is appropriate to have the order posted at intervals along the rail which defines the edge of the racetrack as it curves round. 64. Mr McLean has proposed posting every 50 metres and I consider that to be appropriate. That seems to me to be the best way, and it is difficult to conceive of a better way, of making sure that those who might wish to protest will have appropriate notice of the order. Of course, it may well be that as a result of publicity given to this hearing that people will know about it anyway, but formally speaking, the posting of the notice will at least add to that. Other than that, and subject to any other modifications which Mr Maclean would himself seek to make and which I might approve, I shall make an order in the terms sought.
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