“2) 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. 2) Enter and/or remain on any Crossing Points without authorisation. 3) Enter the parade ring without authorisation. 4) Enter and/or remain on any part of the horses ’ route to the parade ring without authorisation. 5) Enter and/or remain on any part of the horses' route to the racetrack without authorisation. 6) Intentionally obstruct the horse races contrary to section 2(2)(e) of the bylaws. 7) Intentionally cause any object to enter into and/or remain on the racetrack without authorisation that is contrary to section 2(2)(e) of the bylaws. 8) Intentionally endanger any person that the Epsom Racecourse contrary to section 2(2)(e) of the bylaws .”
24. Since, as I have already indicated, Mr Maclean does not rely on the terms of the bylaws themselves, it is not clear to me that the word in relation to the bylaws is appropriate, but it is in my view unnecessary to be concerned about that when one analyses the nature of the claim to which I will come later. 25. Some of the terms in those paragraphs need explaining. The Crossing Points, an expression which has capitals, are appropriately defined in the order and they described ten points at which the public are normally authorised to cross the racetrack itself to gain access to the area in the centre of the racetrack from the area outside of it. Normally the public are free to cross those whether or not there is a race meeting unless and until closed under the Act. The concern is to make sure that the protesters do only enter into the area inside the track at the authorised crossing points, if they enter it at all. 26. The second paragraph refers to entering on or remaining on any crossing points without authorisation. That is because during the running of the race, the Claimant is entitled to close off crossing points to stop people crossing the track. Remaining on a crossing point would involve effectively sitting down or remaining on the track and being about to be run down by horses. 27. The parade ring is a parade ring of the kind which is a familiar feature of racecourses. I need to say no more about that. The reference to the horses ’ route to the parade ring is a reference to a route which is delineated on photographs which are to be annexed to the order, and is what it sounds like; that is to say, a particular route from the stables to the parade ring along which route, of course, they would otherwise be vulnerable to interference by a protester because it is not fenced off and secure. 28. The “ horses ’ route to the racetrack ” is again an expression which speaks for itself, but in order to make clear what it is, that is another route which is set out clearly in a pphotograph, which will be annexed to the order.
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