IN THE HIGH COURT OF JUSTICE 1999 A No. 300 QUEEN'S BENCH DIVISION B E T W E E N: (1) AGREVO CROP PROTECTION UK LIMITED (2) PLANT GENETIC SYSTEMS N.V. Claimants -and (1) JO HAMILTON (2) ROWAN TILLY (3) KATHRYN TULIP (4) MELANIE JARMAN (5) ZOE ELFORD (6) ANDREW WOOD (sued on their own behalf and on behalf of all the other members of "genetiX snowball" an unincorporated association) Defendants PARTICULARS OF CLAIM Claimants Defendants 1. The Claimants are companies carrying on business as biotechnology companies, including, inter alia, the business of research and development into genetically modified crops at various sites in England and Wales. 2. The Defendants are officers and/or members of an organisation known as "genetiX snowball". 3. These proceedings are brought against the Defendants on their own behalf and as representatives of all other members of "genetiX snowball", being persons who have the same interest in these proceedings within the meaning of RSC Ord. 15, r. 12(1) (as incorporated in CPR Schedule 1) and who include, but without limitation, all the persons who: a) are on any mailing list (including any electronic mailing list) kept for the purposes of sending or transmitting information or material relating to "genetiX snowball" and/or its activities; b) the Defendants or any of them know or have reason to believe took part in a day of action on Saturday 17 April 1999 known as "Silent Spring" organised by "genetiX snowball"; c) the Defendants or any of them know or have reason to believe will take part in further actions organised by "genetiX snowball", or will take part in actions using the style or name "genetiX snowball"; or d) were attendees at training sessions organised by "genetiX snowball" or involved in the production of "genetiX snowball" literature. 4. Since about July 1998 the Defendants and/or other members of "genetiX snowball" have conducted a campaign, the object of which is to enter, without permission or other lawful excuse, land and premises at which trials of genetically modified crops are being carried out by biotechnology companies and to uproot and destroy and/or damage the said crops and/or otherwise to disrupt the said trials. 5. In pursuance of the said campaign, the Defendants and/or other members of "genetiX snowball", inter alia: a) on 4 July 1998, entered land and premises at Shirburn, Watlington, Oxfordshire at which trials of genetically modified crops were being carried out by Monsanto Plc (a biotechnology company which is unconnected with the Claimants) and uprooted and destroyed and/or damaged the said crops; and b) on 20 September 1998, entered land and premises of the First Claimant at East Winch Hall, East Winch, King's Lynn, Norfolk at which trials of genetically modified crops were being carried out in order to protest against the trials. 6. The Defendants and/or other members of "genetiX snowball", as part of the ongoing campaign referred to at paragraph 4 hereof have threatened and intend to and/or to continue to: a) trespass on land and premises used by the Claimants for the purpose of trials of genetically modified crops; b) uproot, damage and/or destroy plants and/or other goods belonging to the Claimants; c) procure other persons to commit the acts referred to at sub-paragraphs a) and b) above; d) conspire to commit the acts referred to at sub- paragraphs a) to c) above. Particulars (1) In the "handbook" of "genetiX snowball" (published in September 1998 but still readily available on the Internet), it was stated, inter alia: a) "Acclaimer... We are therefore inviting people to join together to take nonviolent action by safely pulling up genetically engineered crops... This handbook is an attempt to put together the information you'll need to participate in genetiX snowball. .. " "1.1 Motivations ... genetiX snowball is a campaign of nonviolent civil responsibility aiming to build active resistance to this new gene technology which is unwanted, unnecessary, unsafe and irreversible ... When biotechnology companies refuse to accept liability for the risk of GM; when our legal system becomes devoid of morals and ethics - then we must take responsibility. We believe that one way of taking responsibility is to safely remove a small, symbolic number of GM plaints from the ground and then to encourage others to take similar action. " "Keeping the snowball rolling. Your genetiX snowball action is not completed until you have invited more people to take nonviolent action by pulling up GM crops and at least two people have taken up your invitation... Invite anyone you know, organise a public meeting, share your experiences with the audience and organise a follow-up meeting to start another group. " (2) In Issue 1 of the "genetiX snowball newsletter" dated February 1999 it was stated, inter alia: "What is genetiX snowball? GenetiX snowball is a campaign of nonviolent civil responsibility. It supports open and accountable nonviolent direct action to safely remove genetically modified (GM) plants from release sites in Britain. " "Editorial Since the first genetiX snowball action on 4th July last year we've had over fifteen hundred enquires, six hundred copies of the genetiX snowball "Handbook for action " have been distributed, forty public meetings have been held and over seventy people aged between 17 and 79 have participated in genetiX snowball actions. Our web site has had over 6,000 hits (see http:/www.gn.apc.org/pmhp/gs) and the "Rolling the snowball..." video has been well received. This year looks like being a critical year, so join us on 17th April for Silent Spring - an action to make our land, our food and our future free from GM crops. Contact us for details of your nearest snowball group, GM trial site, training or advice. " (3) In a letter sent by the First Defendant "on behalf of genetiX snowball" to the First Claimant at its premises at East Winch Hall, Norfolk on 19 March 1999, it was stated inter alia that: " We are launching this years genetiX snowball campaign with a series of actions around the country called Silent Spring, which will be happening on 17th April. The campaign will continue from that date onwards, with the aim of encouraging more and more people to remove biohazards from the environment. People all over the country are forming groups to safely and nonviolently remove up to 100 plants each. The GM plants will then be safely bagged up and left on site" . (4) Enclosed with the letter referred to at sub-paragraph (3) above was a leaflet entitled "Silent Spring - An action to make our Land, our Food and our Future free of Genetically Modified Crops" which stated, inter alia: "Silent Spring is an opportunity to join with others to actively oppose genetically modified food. It's a chance to support each other in taking non-violent direct action by openly digging up genetically modified crops at your local trial site SAT 17 APRIL... Silent Spring is a day of genetiX snowball ACTIONS at GM crops trial sites around the country. To find out if there is a trial site in your area phone us. " (5) According to a press release issued by "genetiX snowball" on 13 April 1999, letters were sent to all farmers hosting GM release sites, including those of the First and Second Claimants. (6) In a letter sent on behalf of the Bristol Group of "genetiX snowball" on 8th April 1999 to East Lodge Farm, Stanton, Broadway, Worcestershire, being a site at which the Second Claimant is conducting trials of genetically modified food crops, it was stated, inter alia: " We are writing to you following a letter you will have received from genetiX snowball of the beginning of March 1999, referring to the GM test-site on your land.... On 17'h April there is a National Day of Action, with peaceful demonstrations being carried out at test sites all over the Country. We are planning to arrive at the test-site on the morning of that date with the aim of carrying out the action at approximately midday. " (7) In a BBC television programme entitled "Against the Grain", screened on 25 January 1999, a member of "genetiX snowball" called "Zoe" (who may be the Fifth Defendant in these proceedings) stated, during a telephone interview with the presenter of the programme, inter alia, that action at a site at which trials were being carried out by Monsanto Plc had been cancelled due the fact that Monsanto Plc had obtained an injunction against the members of "genetiX snowball" and that: "though it was going to be a Monsanto site targeted, AgrEvo who are equally responsible for all gene technology. That's why we've come to visit them today... What we are doing with "genetiX snowball" is saying to farmers and saying to biotechnology companies that there are citizens within the UK that are prepared to take crops out of the ground themselves and to face the consequences of that action. " 7. In the premises, the Claimants believe that there is a substantial risk that the Defendants and/or other members of "genetiX snowball" will target and/or continue to target the Claimants' sites and/or sites at which the Claimants are conducting trials of genetically modified food crops unless permanently restrained by the Court from doing so. AND the Claimants claims: 1. An injunction to restrain the Defendants and each of them (on behalf of themselves and no behalf of each and every member of "genetiX snowball") from doing all or any of the following: a) trespassing on any of the land and premises in the possession of the Claimants and/or each of them identified in Schedule 1 attached hereto, b) uprooting, damaging and/or destroying plants and/or other goods belonging to the Claimants and/or each of them situated on the premises identified in Schedules 1 and 2 attached hereto and on such other premises the location or locations of which may hereafter be communicated in writing (including by electronic means) by the Claimants to any of the Defendants; c) procuring any other person or persons to commit any of the acts referred to at sub-paragraphs (a) and (b) above, whether by encouraging, instructing, inciting or otherwise inducing such persons to do so, d) conspiring to commit any of the acts referred to at sub- paragraphs (a) to (c) above. 2. Further or other relief. 3. Costs. JAMES BUTTERS Statement of Truth I believe that the facts stated in these Particulars of Claim are true. I am duly authorised by the First and Second Claimants to sign this statement Full Name MARTYN ROBERT ARTHUR EIARGRAVES Signed .................................................. position or office held .....Company Secretary AgroEvo UK Ltd First Claimant's Premises GMO Release Sites 1999 Site Address: OS Ref East Winch Hall, East Winch, King's Lynn, Norfolk PE32 1HN: TF 70 16 Chishill Orchard Farm, Heydon Road, Great Chishill, Royston, Herts: TL 43 39 SCHEDULE 2 First Claimant's GMO Release Sites 1999 Site Address: OS Ref Brooms Barn Experimental Station, Bury St Edmunds, Suffolk, IP28 6NP: TL 75 65 Morley Farm, Paddock Road, Warboys, Cambridge: TL 35 86 NIAB, Huntingdon Road, Cambridge, CB3 OLE: 43 62 Monmouth House, Long Sutton, Spalding, Lincs, PE12 9LH: TF 45 15 Morley Research Centre, The Old Rectory, Morley, St Botolph, Wymondham, Norfolk: TG 063 997 Eyton House Farm, Eyton, Telford, Shropshire, TG6 6EY: SJ 653 146 University of Leeds Farms Ltd, Headley Hall, Tadcaster, North Yorshire, LS24 9NT: SE 443 414 Barr Farm, Edlington, Horncastle, Lincs, LN9 SNA: TF 23 73 Wannage Farm, Southery, Downham Market, Norfolk: TL 637 916 95 Bannold Road, Waterbeach, Cambs: TL 500 658 Hills Nurseries, Appleton, Abingdon, OX13 5QN: SP 42 00 Street Farm, Denham, Nr Eye, Suffolk IP21 5EX: TM 18 72 Lushill Farm, Hannington, Highworth, Swindon, Wilts SN6 7TA: SU 15 91 NIAB, Huntingdon Road, Cambridge, CB3 OLE: TL 43 61 Great Crumbland Farm, Llanishen, Nr Chepstow, Monmouthshire: SO 47 01 Morley Research Centre, Morley, Wymondham, Norfolk, NR18 9DB: TM 06 99 ADAS Bridgets, Martyr Worthy, Winchester, Hants, S021 1AR: SU 51 33 Dalby Farms Ltd, Brigsley, Lincs, PE23 4PN: TA 25 02 Thorn Farm, Inkberrow, Worcs, WR7 4LJ: SP 00 55 Summerhouse Farm, Melbourn, Royston, Herts, SG8 6DL: 39 43 ADAS Gleadthorpe, The Grange, Meden Vale, Mansfield, Notts, NG20 9PD: SK 59 70 ADAS High Mowthorpe, Duggleby, Malton, North Yorks, Y017 8BP: SE 89 67 Second Claimant's GMO Release Sites 1999 Site Address: OS Ref ADAS High Mowthorpe, Duggleby Side, Duggleby, Malton, North Yorks, YO17 8BP: SE 889 689 ADAS Bridgets, Marty Worthy, Winchester, Hampshire: SU 518 341 Summerhouse Farm, Royston, Hertfordshire: TL 394 436 NIAB, Huntingdon Road, Cambridgeshire: TL 4327 6025 ADAS Boxworth, Boxworth, Cambridgeshire: TL 345 635 University of Leeds, Headley Hall, Tadcaster, North Yorkshire: SE 443 414 East Lodge Farm, Stanton, Broadway, Worcestershire: SP 058 346 Dalby Farms Ltd, Brigsley, Lincolnshire: TA 253 024 Morley Research Centre, Wymondham, Norfolk: TM 063 997 NIAB Martyr Worthy, Winchester, Hampshire: SU 518 341 Maris Lane, Trumpington, Cambridgeshire: TL 425 520 Svalof Wiebull Ltd, Abbotts Ripton, Huntingdon, Cambridgeshire: TL 240 779 Top Brackendale, Cropwell Butler, Bingam, Nottinghamshire: SK 690 387 Grange Farm, Little Abington, Cambridge, Cambridgeshire: TL 530 505