AGREVO UK LIMITED AND OTHERS -v- JO HAMILTON AND OTHERS Case 1999 A. No. 300 We attach by way of service upon you the Order made by Mr Justice Crane today. This Order grants judgment in the action to the Claimants and a permanent injunction against the Defendants and genetiX snowball. We draw to your particular attention paragraph 2 of the Order requiring you to notify all members of genetiX snowball (as defined in the Order).We also draw to your attention the requirement for you to provide us within 7 days a certified witness statement stating what steps have been taken in compliance with this Order. HAMMOND SUDDARDS 19 January 2000 BECAUSE OF THE FORM OF THE ORDER WE ADVISE YOU TO READ THIS E-MAIL AT FULL PAGE SIZE. PENAL NOTICE IF YOU THE WITHIN NAMED DEFENDANTS, JO HAMILTON, ROWAN TILLY, KATHRYN TULIP, MELANIE JARMAN, ZOE ELFORD, ANDREW WOOD, OR ANY MEMBER OF GENETIX SNOWBALL (AS DEFINED HEREIN) DISOBEY THIS ORDER THE PERSON DISOBEYING THIS ORDER MAY BE HELD IN CONTEMPT OF COURT AND LIABLE TO IMPRISONMENT OR FINED OR YOUR ASSETS SEIZED. Hammond Suddards IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION The Honourable Mr Justice Crane 19 January 2000 B E T W E E N: (1) AGREVO 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 members of "genetiX snowball" an unincorporated association) Defendants ORDER IMPORTANT: Notice to the Defendants and genetiX snowball (as defined below in this Order): (1) This Order prohibits you from doing the acts set out in paragraph 1 below and obliges you to take the steps set out at paragraphs 2 and 3 below. You should read it all carefully . You are advised to consult a Solicitor as soon as possible. (2) If you disobey this Order you may be found guilty of Contempt of Court and may be sent to prison or fined or your assets may be seized. UPON the Claimants' Application Notice dated 6 December 1999 AND UPON READING the First Witness Statement of Malcolm Robert Bates dated 2 December 1999 AND UPON HEARING Counsel for the Claimants and solicitor for the First, Second and Sixth Defendants (also acting as agent for the Third, Fourth and Fifth Defendants) BY CONSENT IT IS ORDERED that: THE INJUNCTION: 1. The Defendants and genetiX snowball, as defined below in this Order, and each of them (on behalf of themselves and on behalf of and each and every member of "genetiX snowball") be restrained from doing all or any of the following: (a) trespassing on any of the land and premises in the possession of the Claimants identified in Schedule 1 attached hereto; (b) uprooting, damaging and/or destroying and/or interfering with plants and/or other goods belonging to the Claimants and/or each of them situated on the premises identified in Schedules 1 and Schedule 2 attached hereto and all others in respect of which the Claimants hold, from time to time, the consent of the Department of the Environment Transport and the Regions (or such other consent as may be given by another government department or agency authorised to issue such consents) to release genetically modified organisms. The land and premises set out in 1(a) and this subparagraph (b) shall be referred to herein as "the Sites"; (c) planting, inserting into the land or leaving any crop or other article at any of the Sites; (d) procuring any other person or persons to commit any of the acts referred to at sub-paragraphs (a) and/or (b) and/or (c) above, whether by encouraging, instructing, inciting or otherwise inducing such persons to do so; (e) conspiring to commit any of the acts referred to at sub-paragraphs (a) to (c) above; (f) attempting to do any of the acts referred to above. FURTHER ORDERS 2. The Defendants and each of them do forthwith take all reasonable steps to inform each and every member of "genetiX snowball", of the terms and effect of the Injunction and that it is binding upon each of them personally, such steps to include in any event publishing forthwith the Injunction on any internet site or sites controlled and/or operated by any of them and/or which any of them use for sending, transmitting or disseminating information or material relating to "genetiX snowball" and/or its activities, and providing a copy of the Injunction set out at 1 above to "genetix update" and requesting transmission, or distribution by them. 3. The Defendants shall within 7 days of the date hereof make and serve upon the Claimants a certified witness statement stating what steps have been taken in compliance with the order set out in paragraph 2 above, to include a list of all those persons notified pursuant to paragraph 2 above. 4. That personal service of this Order upon the Defendants and each of them be dispensed with and that there be leave to the Claimants to serve the Defendants (on their own behalf and as representatives of all the members of "genetiX snowball") with this Order as follows: (a) by delivering a copy of this Order to Leigh Day & Co.; or (b) by transmitting a copy of this Order to the e-mail address of "genetiX snowball" namely genetixsnowball@onet.co.uk. 5. That there be Judgment for the Claimants, subject to the terms of the without prejudice undertaking contained in the Claimants' solicitors letter dated 18 January 2000. 6. That there be no order as to the costs of this action. NAME AND ADDRESS OF THE CLAIMANTS' SOLICITORS: The Claimants' solicitors are: Hammond Suddards of 7 Devonshire Square, Cutlers Gardens, London EC2M 4YH. Telephone: 0171 655 1000 Fax: 0171 655 1001 INTERPRETATION OF THIS ORDER: (1) In this Order the words "he", "him" or "his" include "she" or "her" and "it" or "its". (2) Where there are two or more Defendants then (unless the contrary appears): (a) references to "the Defendant" means both or all of them; (b) An Order requiring the "the Defendant" to do or not to do anything requires each Defendant to do or not to do it. (3) In this Order, references to genetiX snowball, save where express reference is made to the unincorporated association presently known as genetiX snowball, are references to those persons who actively support that organisation or campaign on that organisation's authority or behalf, or in its name and references to 'members of genetiX snowball' are references to such persons. THE EFFECT OF THIS ORDER: (1) A Defendant and any person who is a 'member of genetiX snowball' who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his own behalf or on his instructions or with his encouragement. (2) A Defendant which is a corporation and which is ordered not to do something not do it itself or by its directors, officers, employees or agents or in any other way. Dated this 19th Day of January 2000. SCHEDULE 1 The First Plaintiff's land and premises referred to in paragraph 1 (a) of the Injunction Site Address OS Ref East Winch Hall, East Winch, King's Lynn, Norfolk PE32 1HN. TF7016 Chishill Orchard Farm, Heydon Road, Great Chishill, Royston, Herts. TL4339 SCHEDULE 2 AND SCHEDULE 2 TO THE PARTICULARS OF CLAIM The land and premises referred to in paragraph 1 (b) of the Injunction First Plaintiff's GMO Release Sites 1999 Site Address/OS Ref Brooms Barn Experimental Station, Bury St Edmunds, Suffolk, IP28 6NP. TL7565 Morley Farm, Paddock Road, Warboys, Cambridge TL35 86 Monmouth House, Long Sutton, Spalding, Lincs, PE12 9LH. TF4515 NIAB, Huntingdon Road, Cambridge, CB3 0LE. TL4362 Monmouth Research Centre, The Old Rectory, Morley, St Botolph, Wymondham, Norfolk. TG063997 Eyton House Farm, Eyton, Telford, Shropshire, TG6 6EY. SJ653146 University of Leeds Farms Ltd, Headley Hall, Tadcaster, North Yorkshire, LS24 9NT. SE443414 Barr Farm, Edlington, Horncaster, Lincs, LN9 5NA. TF2373 Wannage Farm, Southery, Downham Market, Norfolk. TL637916 95 Bannold Road, Waterbeach, Cambs. TL500658 Hills Nurseries, Appleton, Abingdon, OX13 5QN. SP4200 Street Farm, Denham, Nr Eye, Suffolk, IP21 5EX. TM1872 Lushill Farm, Hannington, Highworth, Swindon, Wilts, SN6 7TA. SU1591 NIAB, Huntingdon Road, Cambridge, CB3 0LE. TL4361 Great Crumbland Farm, Llanishen, Nr Chepstow, Monmouthshire. SO4701 Morley Research Centre, Morley, Wymondham, Norfolk, NR18 9DB. TM0699 ADAS Bridgets, Matyr Worthy, Winchester, Hants, SO21 1AR. SU5133 Dalby Farms Ltd, Brigsley, Lincs, PE23 4PN. TA2502 Thorn Farm, Inkberrow, Worcs, WR7 4LJ. SP0055 Summerhouse Farm, Melbourn, Royston, Herts, SG8 6DL. TL3943 ADAS Gleadthorpe, The Grange, Meden Vale, Mansfield, Notts, NG20 9PD. SK5970 ADAS High Mowthorpe, Duggleby, Malton, North Yorks, YO17 8BP. SE8967 Model Farm, Shirburn, Watlington, Oxon, OX9 5DX. SU6798 Advanta Seeds UK Ltd Boothby Graffoe, Lincoln. SK9658, SK9659, SK9558 Walnut Tree Farm, Lyng, Norwich Norfolk. TG0917 Home Farm, Spitle-in-the-Street, Glentham, Lincolnshire. SK9791 Little Park Farm, Beech Hill Road, Mortimer, Reading, Berkshire. SU6762 Rothamsted Farm, Harpenden Herfordshire, AL5 2BH. TL1012 Second Claimant's GMO Release Sites 1999 ADAS High Mowthorpe, Duggleby Side, Duggleby, Malton, North Yorks, YO17 8BP. SE889689 ADAS Bridgets, Maty Worthy, Winchester, Hampshire. SU518341 Summerhouse Farm, Royston, Hertfordshire. TL394436 NIAB, Huntingdon Road, Cambridgeshire. TL43276025 ADAS Boxworth, Boxworth, Cambridgeshire. TL345635 University of Leeds, Headley Hall, Tadcaster, North Yorkshire. SE443414 East Lodge Farm, Stanton, Broadway, Worcestershire. SP058346 Dalby Farms Ltd, Brigsley, Lincolnshire. TA253024 Morley Research Centre, Wymondham, Norfolk. TM063997 NIAB Matyr Worthy, Winchester, Hampshire. SU518341 Maris Lane, Trumpington, Cambridgeshire. TL425520 Svalof Wiebull Ltd, Abbotts Ripton, Huntingdon,Cambridgeshire. TL240779 Top Brackendale, Cropwell Butler, Bingham, Notts. SK690387 Grange Farm, Little Abington, Cambridge, Cambs. TL530505 Sites Notified to Leigh Day & Co on 08.09.99 and updated on 24.11.99 ADAS Bridgets, Martyr Worthy, Winchester, Hants SO12 1AR. SU527343 ADAS Gleadthorpe, Meden Vale, Mansfield, Notts NG20 9PF. SK589700 Summerhouse Farm, Melbourn, Royston, Herts SG8 6DL. TL388435 NIAB , Huntingdon Road, Cambridge, Cambridgeshire CB3 0LE. TL431620, TL432620 NIAB Martyr Worthy, Winchester, Hants SO21 1AR. SU526345 Headley Hall, Tadcaster, N. Yorks LS24 9NT. SE4441 Not drilled Tilekiln Farm, Albury, Bishops Stortford, Herts SG11 2HP. TL422234 Laverton Meadows, Stanton, Near Broadway, Glos. SP051360 Dalby Farms Ltd, Brigsley, Lincs PE23 4PN. TA253024 Raynham Farms, East Raynham, Fakenham, Norfolk. TF863254 New Farm, Whittlesford, Cambridge CB2 4PF. TL448484 Estate Office, Svalof Weibull Ltd, Abbots Ripton, Huntingdon, Cambs PE17 2PQ. TL255781 Plant Breeding Station, Boothby Graffoe, Lincoln LN5 0LF. SK966587 Home Farm, Screveton, Nr Bingham, Notts NG13 8JN. SK7447 Not drilled Home Farm, Spittle in the Street, Glenham Lincs LN8 2AX. SK972903 Wood Farm, Dodds Lane, Piccots End, Hemel Hempsted, Herts HP2 6JJ. TL069111 The Old Rectory, Croxby, Market Raisen, Lincs LN7 6BW. TF196968 Glebe Farm, Bracebridge Heath, Lincoln, LN2 2HZ. TF0869 Not drilled Hall Farm, Stoke Ash, Nr Eye, Suffolk IP23 7ET. TM118710 Chishill Orchard Farm, Heydon Road, Great Chishill, Royston, Herts SG8 8SS. TL431391 Wood Farm, Dodds Lane, Piccots End, Hemel Hempsted, Herts HP2 6JJ. TL067117 Hutton Fields, Hutton Magna, North Yorks DL11 7HG. NZ135107 Home Farm, Screveton, Nr Bingham, Notts, G13 8JN. SK727443 END