IN THE HIGH COURT OF JUSTICE 1999 A. No. 300 QUEEN'S BENCH DIVISION The Honourable Mrs Justice Hallett Friday 16th July 1999 B E T W E E N: (1) AGREVO UK LIMITED (2) PLANT GENETIC SYSTEMS NV 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 UPON HEARING the Claimants' Application dated 12 July 1999 AND UPON READING the first witness statement of Desmond D'Souza dated 13 July 1999 and the witness statement of the Fifth Defendant dated 16 July 1999 and the witness statement of Lord Melchett dated 15 July 1999 AND UPON HEARING Counsel for the Claimants and Mr Bennett, solicitor, for the First, Second and Sixth Defendants, the Fifth Defendant in person, and the Third and Fourth Defendants not attending and not being represented. AND UPON THE CLAIMANTS UNDERTAKING BY THEIR COUNSEL not to make use of the list referred to in paragraph 4 below other than for the purposes of this action, without the permission of the Court or the agreement of the Defendants. IT IS ORDERED THAT: 1. Paragraph 1 of the Injunction granted by the Honourable Mr Justice Douglas Brown on 15 April 1999 ("the Injunction") be varied as follows: "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 Claimants and/or each of them identified in Schedule 3 attached hereto and any such additional sites the address and Ordnance Survey reference (being 6-figure if available) of which the Claimants' solicitors shall notify in writing to Leigh Day & Co, in respect of which such additional sites, the injunction is to be effective upon the earlier of Leigh Day & Co notifying each respective defendant thereof, or 7 days after notification to Leigh Day & Co; (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 3 and amended Schedule 4 attached hereto and any such additional sites the address and Ordnance Survey reference of which the Claimants' solicitors shall notify in writing to Leigh Day & Co; (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. Subject to any orders concerning notification, for the purposes of this injunction a "member" of "genetiX snowball" shall include any person who actively supports that organisation or who campaigns on that organisation's authority or behalf. 2. Schedule 4 to the Injunction be varied as set out in the Schedule hereto. 3. 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 (as varied herein) and that it is binding upon each of them personally, such steps to include in any event publishing forthwith the Injunction (as varied herein) 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 (as varied herein) set out at 1 above to "genetix update" and requesting transmission, or distribution by them. 4. The Defendants shall within 7 days of the date hereof make and serve upon the Claimants an certified witness statement stating what steps have been taken in compliance with the order set out in paragraph 3 above, to include a list of all those persons notified pursuant to paragraph 3 above.. 5. 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. (b) by transmitting a copy of this Order to the e-mail address of "genetiX snowball" namely genetixsnowball@orangenet.co.uk. 6. Permission to amend Schedule 2 to the Particulars of Claim as set out in the copy of the amended Schedule 2 annexed hereto. 7. Liberty to apply. 8. Each side to bear its own costs of this application. DATED this 16th day of July 1999 Hammond Suddards 7 Devonshire Square Cutlers Gardens London EC2M 4YH Solicitors for the Claimants SCHEDULE TO THE ORDER SCHEDULE 4 TO THE INJUNCITON AND TO SCHEDULE 2 TO THE PARTICULARS OF CLAIM First Claimant's (AgrEvo)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 TL43 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 SJ653 146 University of Leeds Farms Ltd, Headley Hall, Tadcaster, North Yorkshire, LS24 9NT SE 443 414 Barr Farm, Edlington, Horncastleer, Lincs, LN9 5NA TF23 73 Wannage Farm, Southery, Downham Market, Norfolk TL637 916 95 Bannold Road, Waterbeach, Cambs TL500 658 Hills Nurseries, Appleton, Abingdon, OX13 5QN SP42 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 T 43 61 Great Crumbland Farm, Llanishen, Nr Chepstow, Monmouthshire SO47 01 Morley Research Centre, Morley, Wymondham, Norfolk, NR18 9DBTM 06 99 ADAS Bridgets, Matyr Worthy, Winchester, Hants, SO21 1ARSU 51 33 Dalby Farms Ltd, Brigsley, Lincs, PE23 4PNTA 25 02 Thorn Farm, Inkberrow, Worcs, WR7 4LJ SP00 55 Summerhouse Farm, Melbourn, Royston, Herts, SG8 6DL TL39 43 ADAS Gleadthorpe, The Grange, Meden Vale, Mansfield,Notts, NG20 9PDSK 59 70 ADAS High Mowthorpe, Duggleby, Malton, North Yorks,YO17 8BPSE 89 67 Model Farm, Shirburn, Watlington, Oxon, OX9 5DX SU6798 Advanta Seeds UK Ltd Boothby Graffoe, Lincoln SK9658 SK 9659 SK 9558 Walnut Tree Farm, Lyng, Norwich NorfolkTG0917 Home Farm, Spitle-in-the-Street, Glentham, Lincolnshire SK 9791 Little Park Farm, Beech Hill Road, Mortimer, Reading, BerkshireSU 6762 Rothamsted Farm, Harpenden Herfordshire, AL5 2BHTL1012 Second Claimant's (PGS)GMO Release Sites 1999 ADAS High Mowthorpe, Duggleby Side, Duggleby, Malton, North Yorks, YO17 8BP SE889 689 ADAS Bridgets, Marty Worthy, Winchester, Hampshire SU518 341 Summerhouse Farm, Royston, HertfordshireTL 394 436 NIAB, Huntingdon Road, Cambridgeshire TL 4327 6025 ADAS Boxworth, Boxworth, Cambridgeshire TL345 635 University of Leeds, Headley Hall, Tadcaster,North Yorkshire SE 443 414 East Lodge Farm, Stanton, Broadway, Worcestershire SP058 346 Dalby Farms Ltd, Brigsley, LincolnshireTA 253 024 Morley Research Centre, Wymondham, Norfolk TM 063 997 NIAB Matyr Worthy, Winchester, Hampshire SU518 341 Maris Lane, Trumpington, Cambridgeshire TL 425 520 Svalof Wiebull Ltd, Abbotts Ripton, Huntingdon,CambridgeshireTL 240 779 Top Brackendale, Cropwell Butler, Bingham, Notts SK 690 387 Grange Farm, Little Abington, Cambridge, Cambs TL 530 505