29. The racetrack might be thought to be a self-explanatory expression, but it is actually defined in the order by yet another photograph to be annexed. 30. That, then is the relief sought. 31. I turn to the basis of the claim. At the heart of the claim are two bases. The first is freehold title of the Claimant to the land in question. That has been established by witness statement evidence. It is said that the Company is the registered proprietor of the freehold of the relevant areas. I have not seen or been shown the registered title, but the title numbers are set out and there does not seem to be any dispute of which I am aware about the title. That would found, in the normal way, a claim to restrain a trespass. I am satisfied that there is sufficient freehold title to sustain a trespass claim. 32. In addition, the Company has rights under the 1984 Act to which I should turn briefly. Although as I have indicated the public has rights of access to Epsom Downs, which includes large areas of the racecourse, which would normally allow a member of the public freedom of access which would be capable of interfering with a race meeting, the public's rights of access are regulated by the Act and the Company is given certain express rights under it. 33. The Act is an extremely detailed one which provides inter alia for the constitution of a body of Conservators, and I do not need to go into that. The relevant provisions, which I can by and large describe rather than read into this judgment, are as follows. 34. Section 4 provides that members of the public shall have a right of access on foot over the Downs. That is the whole of Epsom Downs or the relevant parts of Epsom Downs, which would include large areas of the racecourse. That is the start of thepublic rights, which will need some control if they are not to conflict with the carrying on of racing. 35. Section 11 provides for bylaws to be made and I have referred briefly to those bylaws already. Section 17 includes important provisions relating to the holding of race meetings on the racecourse, which, as I understand it, have been conducted there for 200 years or more. It provides, and I will quote this time:
“ 17) Notwithstanding anything contained in this Act or any bylaws made under this Act, the Company may hold and conduct races at authorised meeting on the Downs. ”
And the Act then goes on to indicate various steps which are open to the Company to facilitate the holding of race meetings. I have already indicated that the Company within that section means, for present purposes, the Claimant, within the definition contained in section 2. 36. Amongst the rights given to the Company are the right under subsection 1(b): “ [To] Exclude members of the public from the lands hatched blue on the deposited map ”… …d uring various periods either side of the race meeting. Those areas I am told include areas with which I am concerned. 37. Subsection 3 is an important provision. It provides as follows:
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