IN THE HIGH COURT OF JUSTICE 1999 A. No. 300 QUEEN'S BENCH DIVISION The Honourable Mr Justice Douglas Brown 15 April 1999 B E T W E E N: (1) AGREVO UK LIMITED (2) PLANT GENETIC SCIENCES B.V Plaintiffs -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 FOR AN INJUNCTION IMPORTANT: Notice to the Defendants: (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. THE ORDER: An Application on notice was made on 15 April 1999 by Counsel for the Plaintiffs to the Judge. The Judge heard the Application and read the Affidavits listed in Schedule 1 and a letter from the Third Defendant dated 14 April 1999 on behalf of all the Defendants and accepted the undertakings in Schedule 2 of this Order. IT IS ORDERED that: THE INJUNCTION: 1. Until final judgment in this Action the Defendants 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 Plaintiffs and/or each of them identified in Schedule 3 attached hereto; (b) uprooting, damaging and/or destroying plants and/or other goods belonging to the Plaintiffs and/or each of them situated on the premises identified in Schedules 3 and 4 attached hereto; (c) procuring any other person or persons to commit any of the acts referred to at sub-paragraphs (a) and/or (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. For the purposes of this injunction and the further Orders set out at paragraphs 2-4 below, a "member" of "genetiX snowball" shall include any person who: (i) is on any mailing list (including an electronic mailing list) kept for the purposes of sending or transmitting information or material relating to "genetiX snowball" and/or its activities; (ii) the Defendants or any of them know or have reason to believe will take part in a day or days of action commencing on Saturday 17 April 1999 known as "Silent Spring" organised by "genetiX snowball". FURTHER ORDERS: 2. The Defendants and each of them do forthwith provide to the Plaintiffs a list of each and every member of "genetiX snowball" as at the date hereof, such list to include, so far as is known or available to the Defendants or any of them, the postal address, telephone number, if any (including mobile telephone number), and e-mail address, if any, of each person so listed. 3. (i) 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 set out at 1 above and that it is binding upon each of them personally, such steps to include in any event publishing forthwith the said 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 Agenetix update@ for transmission, or distribution by them. (ii) The Defendants shall within 7 days of the date hereof make and serve upon the Plaintiffs an affidavit stating what steps have been taken in compliance with the Order set out in subparagraph (i) above. 4. That personal service upon the Defendants and each of them be dispensed with and that there be leave to the Plaintiffs to serve the Defendants (on their own behalf and as representatives of all the members of "genetiX snowball") with the Order of the Court as follows: (a) by delivering a copy of the Order in a sealed envelope addressed to the Defendants at the premises known as One World Centre, 6 Mount Street, Manchester M2 5NS; (b) by transmitting a copy of the Order to the e-mail address of "genetiX snowball" namely genetixsnowball@orangenet.co.uk. COSTS OF THE APPLICATION: 5. The costs of this Application are to be the Plaintiffs' costs in the cause. NAME AND ADDRESS OF THE PLAINTIFFS' SOLICITORS: The Plaintiffs' 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. THE EFFECT OF THIS ORDER: (1) A Defendant 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. SCHEDULE 1 Affidavits The Judge read the following Affidavits before making this Order: (1) Michael Allan Read sworn on 15 April 1999; (2) Malcolm Robert Bates sworn on 15 April 1999; together with a letter from the Third Defendant dated 14 April 1999. SCHEDULE 2 Undertaking given to the Court by the Plaintiffs If the Court later finds that this Order has caused loss to the Defendants, and declares that the Defendants should be compensated for that loss, the Plaintiffs will comply with any Order the Court may make SCHEDULE 3 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 TF 70 16 Chishill Orchard Farm, Heydon Road, Great Chishill, Royston, Herts TL 43 39 SCHEDULE 4 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 TL 75 65 Morley Farm, Paddock Road, Warboys, Cambridge TL 35 86 NIAB, Huntingdon Road, Cambridge, CB3 0LE TL 43 62 Monmouth 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 Yorkshire, LS24 9NT SE 443 414 Barr Farm, Edlington, Horncaster, Lincs, LN9 5NA 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 0LE 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, Matyr Worthy, Winchester, Hants, SO21 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 TL 39 43 ADAS Gleadthorpe, The Grange, Meden Vale, Mansfield, Notts, NG20 9PD SK 59 70 ADAS High Mowthorpe, Duggleby, Malton, North Yorks, YO17 8BP SE 89 67 ADAS High Mowthorpe, Duggleby Side, Duggleby, Malton, North Yorks, YO17 8BP SE 889 689 ADAS Bridgets, Maty Worthy, Winchester, Hampshire SU 518 341 Summerhouse Farm, Royston, Hertfordshire TL 394 436 NIAB, Huntingdon Road, Cambridgeshire TL 43276025 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 Matyr 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, Bingham, Notts SK 690 387 Grange Farm, Little Abington, Cambridge, Cambs TL 530 505 1999 A. No. 300 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION The Honourable Mr Justice Douglas Brown 15 April 1999 B E T W E E N: (1) AGREVO UK LIMITED (2) PLANT GENETIC SCIENCES B.V Plaintiffs -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 FOR AN INJUNCTION Hammond Suddards 7 Devonshire Square Cutlers Gardens London EC2M 4YH. Telephone: 0171 655 1000 Fax: 0171 655 1001 Reference LJC/MRB/AGR.8-13 Signed Hammond Suddards