7. Sir Anthony Mann made the order on 26 May 2023. The defendants to the order relevantly included:
“(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
(6) PERSONS UNKNOWN INTENTIONALLY OBSTRUCTING THE “HORSE RACES”, AS DESCRIBED BELOW.”
8. The defendant accepts that by his conduct on 3 June 2023, he fell within the definition of “persons unknown” within sub-paragraphs (2) and (6) and thereby became a defendant to the order.
9.
So far as relevant, the order provided substantively that:
''Until judgment or further order on the day of any Racing Fixture at the Epsom Racecourse (which for the avoidance of doubt includes Oaks Day on 2 June 2023 and Derby Day on 3 June 2023) the respondents must not (1) enter the Racetrack except at Authorised Crossing Points … and (6) intentionally obstruct the Horse Races."
10. The order then set out various means by which, pursuant to CPR 6.15, 6.27 and 81.4(2), service of the order could be affected. These steps included the order being posted electronically on social media and paper copies being affixed at various points at the race course. The existence of the order was widely publicised in the press. 11. The Derby was one of the major sporting events of the weekend of 2 and 3 June 2023. It was particularly widely publicised because of the anticipated possibility of disruption and the order of the court, and because it was Frankie Dettori’s final appearance at the festival. 12. The defendant accepts that the injunction was validly served on him and that he was actually aware of the injunction. Indeed, on 2 June 2023 he gave an interview to BBC Radio Surrey in which he confirmed that, despite the injunction, individuals were planning to go on to the track with a view to trying to stop the horses running. 13. In anticipation of protests at the festival, the claimant put additional security measures in place, and Surrey police also had a significantly increased presence. On the morning of the Derby, a number of arrests were made of animal rights activists. Nineteen arrests in total are reported to have been made. Eleven people had been arrested at addresses in the early hours, and a further eight were arrested after their vehicle was stopped in Canons Lane in Burgh Heath.
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