Lea Marshes   Basketball project

 
ODA injunction   


IN THE HIGH COURT OF JUSTICE

CLAIM NO HC12FO1409

CHANCERY DIVISION

18 April 2012

The Hon. Mr Justice Arnold

BETWEEN:

OLYMPIC DELIVERY AUTHORITY



Claimant

-and-

(1) PERSONS UNKNOWN ENGAGED IN PROTEST ACTIVITIES CONCERNING THE

USE OF LAND KNOWN AS PORTER'S FIELD, LEYTON MARSH, LEA BRIDGE ROAD, LEYTON E10 7QL FOR THE PURPOSES OF THE CONSTRUCTION OF AN OLYMPIC BASKETBALL FACILITY

(2) DANIEL WILLIAM ASHMAN
(3) CONNOR MURRAY
(4) SIMON PETER CARLETON MOORE
(5) ANITA OLIVACCE
(6) ROWENA DENISE JOHNSON
Defendants

ORDER

IMPORTANT:-

PENAL NOTICE

(1) This Order prohibits you from doing and obliges you to do the acts set out in this Order. You should read it all carefully. You are advised to consult a Solicitor as soon as possible. You have a right to ask the Court to vary or discharge this Order.

(2) If you disobey this Order you may be found guilty of Contempt of Court and you may be sent to prison or fined or your assets may be seized. An Application was made on 18 April 2012 by Counsel for the Claimant to the Judge for the continuation against the First. Second, Third, Fourth and Fifth Defendants of the injunction ordered by the Honourable Mr Justice Arnold on 4 April 2012. The Judge heard the Application and read the Witness Statements and documents listed in Schedule 1 and accepted the undertakings in Schedule 2 of this Order.

IT IS ORDERED that THE INJUNCTION

1. Until trial or further order or until 15 October 2012 (whichever shall be the earlier) the First, Second, Third, Fourth and Fifth Defendants must not

(1) obstruct, or try or threaten to obstruct, in any way whatsoever, the free passage of the employees, agents, contractors and invitees of the Claimant or of the London Organising Committee of the Olympic and Paralympic Games ("LOCOG"). whether on foot or in vehicles, to and from the public highway known as Lea Bridge Road through the Lee Valley Ice Centre Car Park, along Sandy Lane and into and out of the land edged and hatched red on the plan annexed to this Order ("the ODA Land");

*

(2) encourage or incite others to obstruct, or to try or threaten to obstruct, in any way whatsoever the passage of the employees, agents, contractors and invitees of the Claimant and LOCOG, whether on foot or in vehicles, to and from the public highway known as Lea Bridge Road through the Lee Valley Ice Centre Car Park, along Sandy Lane and into and out of the ODA Land;

(3) obstruct or try or threaten to obstruct in any way whatsoever, on any part of the Lea Valley Regional Park or on the highways adjoining or leading to the Lea Valley Regional Park, the carrying out by the employees, agents and contractors of the Claimant or LOCOG of their duties in connection with the construction works or the dismantling and remediation works on the ODA Land;

(4) encourage or incite others to obstruct or try or threaten to obstruct in any way whatsoever, on any part of the Lea Valley Regional Park or on the Highways adjoining or leading to the Lea Valley Regional Park, the carrying out by (he employees, agents and contractors of the Claimant or LOCOG of their duties in connection with the construction works or the dismantling and remediation works on the ODA Land:

(5) enter or try or threaten to enter the ODA Land, or damage or attempt to break through the fence surrounding the ODA Land or the gates giving access to the ODA Land, or attach themselves by any means to the fence or gates, or cover up any health and safety notices on the fence or gates;

(6) encourage or incite others to enter, or try or threaten to enter, the ODA Land, or damage or attempt to break through the fence surrounding the ODA Land or the gates giving access to the ODA Land, or attach themselves by any means to the fence or gates, or cover up any health and safety notices on the fence or gales;

(7) remove, or encourage or incite others to remove, this Order from the posts on the land to which it is attached, save for the purpose of reading the Order and then replacing the Order in the plastic envelope attached to the posts.

AMENDMENT OF THE DESCRIPTION OF THE_FIRST DEFENDANT

2. There be permission to amend the description of the First Defendant to the Claim to "Persons Unknown engaged in protest activities concerning the use of land known as Porter's Field. Leyton Marsh. Lea Bridge Road, Leyton E10 7QL for the purposes of the construction of an Olympic Basketball Facility".

COSTS OF THE APPLICATION

3. The costs of the application are reserved to the Judge hearing the trial.

SERVICE OF THIS ORDER

4. Pursuant to rule 6.15 of the CPR 1998, service of this Order on those 'persons unknown' referred to in the description to the First Defendant to this Claim shall be effected by fixing