1998 - M - No.1180 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION B E T W E E N : MONSANTO PLC Plaintiffs - and - (1) ROWAN TILLY (2) JO HAMILTON (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 __________________________________ ORDER FOR AN INJUNCTION __________________________________ Rowe & Maw 20 Black Friars Lane London EC4V 6HD Ref: 401/28482.2 If you the within named Rowan Tilly, Jo Hamilton, Kathryn Tulip, Melanie Jarman, Zoe Elford, Andrew Wood or any of you or any other person being a member of the unincorporated associated known as "genetiX snowball" and thereby subject to this Order disobey this Order you may be held to be in contempt of Court and liable to imprisonment. IN THE HIGH COURT OF JUSTICE 1998 - M - No.1180 QUEEN'S BENCH DIVISION The Honourable Mr Justice Timothy Walker 18 September 1998 B E T W E E N : MONSANTO PLC Plaintiff - and - (1) ROWAN TILLY (2) JO HAMILTON (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 _________________________________ ORDER FOR AN INJUNCTION _________________________________ IMPORTANT:- NOTICE TO THE DEFENDANTS (1) This Order prohibits you from doing the acts set out in paragraph 1 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. If found guilty of contempt of Court you may be sent to prison or fined or your assets may be seized. An Application was made today, Friday 18 September 1998, ex parte but with notice to the Defendants by Counsel for the Plaintiff to the Judge, Mr Justice Timothy Walker. The Judge heard the Application and Counsel for the Defendants and read the Affidavit listed in Schedule 1 and the draft Affidavit of Sally Catherine Moore made on behalf of the Defendants and accepted the undertakings set out in Schedule 2 of this Order. IT IS ORDERED that: 1. THE INJUNCTION Until trial or further order the Defendant is hereby restrained from: (1) trespassing on the Plaintiff's land and premises listed in Schedule 3 to this Order; (2) uprooting, destroying or otherwise damaging or interfering with any of the Plaintiff's plants or crops at the sites listed in Schedule 4 to this Order; (3) planting, inserting into the land or leaving any crop or other article at any of the sites listed in Schedule 4 to this Order; (4) attempting or conspiring with another or others to do any such act. 2. ORDER AS TO SERVICE Provided the Plaintiff shall first have complied with its undertaking as to attempting to effect personal service at Schedule 2 to this Order, this Order may be served by the Plaintiff on the Defendant by transmitting a copy of the Order to the e-mail address for genetiX snowball, namely genetixsnowball@orangenet.co.uk, addressed to the Defendant. And in any event, by delivering a copy of the Order and Affidavit in a sealed envelope addressed to the Defendant to the premises One World Centre, 6 Mount Street, Manchester M2 5NS. 3. Leave to serve the Defendant on Sunday. 4. COSTS OF THE APPLICATION The costs of this Application are reserved. 5. VARIATON OR DISCHARGE OF THIS ORDER The Defendant may apply to the Court at any time to vary or discharge this Order but if he wishes to do so he must first inform the Plaintiff's Solicitors in writing at least 2 working days beforehand. NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS The Plaintiff's solicitors are: Rowe & Maw 20 Black Friars Lane London EC4V 6HD (Ref: 401/28482.2) Telephone: 0171 248 4282 Facsimile: 0171 248 2009 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" mean any or all of them; (b) An Order requiring "the Defendant" to do or not to do anything requires each Defendant to do or not to do it. 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 behalf or on his instructions or with his encouragement. 2. A Defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way. SCHEDULE 1 Affidavit The Judge read the following Affidavit before making this Order: 1. Antony Douglas Phillips sworn on 18 September 1998. SCHEDULE 2 Undertaking given to the Court by the Plaintiff 1. If the Court later finds that this Order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Plaintiff will comply with any Order the Court may make 2. Forthwith upon the making of this Order, the Plaintiff will cause the following efforts to be made by its servant or agent to bring this Order to the notice of the Defendant and to effect personal service on the Defendant as soon as is practicable: (a) the Plaintiff will deliver by hand to Messrs Leigh, Day & Co (solicitors acting for the First to Fifth Defendants in the action brought by the Plaintiff against those Defendants under action number 1998 M No. 851) at Priory House, 25 St Johns Lane, London EC1M 4LB an envelope marked for the attention of the Defendant and containing a copy of this Order together with the Writ and the Affidavit referred to at Schedule 1 above and in the case of the Sixth Defendant also containing the pleadings, Orders and Affidavits sworn and served in action 1998 M No. 851 except for the exhibit "CLH3" to the Affidavit of Catherine Lisa Hooper; (b) deliver by hand to Messrs Leigh Day & Co a copy of the Order together with the Writ and Affidavit referred to at Schedule 1 above under cover of a letter requesting Leigh Day & Co to notify the Defendant of the terms and effect of this Order forthwith. Undertaking given to the Court by the Defendants' Solicitors 1. Messrs Leigh Day & Co, the Defendants' solicitors, are instructed to act on behalf of the Defendants and each of them for the purpose of receiving documents to be served personally on the Defendants and undertake so to do and further undertake to pass this Order to each Defendant forthwith upon receipt. 2. Sally Catherine Moore will today swear an Affidavit in the form of the draft Affidavit read by the Judge. SCHEDULE 3 The Plaintiff's land and premises referred to in the Injunction Plant Breeders International Cambridge ("PBIC") Marris Lane Trumpington Cambridgeshire SCHEDULE 4 Monsanto's GM Oil Seed Rape sites 1998 Site Address OS Ref PBIC, Trumpington, Cambridgeshire TL 445545 Manor Farm, Eddlethorpe, Malton, North Yorkshire SE 774 661 Manor Farm, Wilton, Marlborough, Wilts SU 278 604 Model Farm, Shirburn, Watlington, Oxford SU 687 972 Haverholme Est. Ewerby, Sleaford TF 116 488 Kings Horticulture, Colchester, Essex TL 585 227 Tilney all Saints, Wisbech, Cambs TF 576 187 Throws Farm, Great Dunmow, Essex PL 578 263 Twenty Pence Road, Willingham, Cambs TL 468 698 Lambs Lane, Cottenham, Cambs TL 438 661 Grange Farm, Hepworth, Suffolk TM 977 726 Parker Farms Ltd, Leicester SK 874 005 Burrough on the Hill, Leicestershire SK 797 112 Lodge Farm, Kings Newton SK 397 264 Hemmington, Derbyshire SK 450 285 Upper Farm, Farnborough, Wantage SU 438 818 Honey Hill Farm, Saxham TL 800 645 Low Morthorpe, Duggleby, North Yorks SE 855 655 Bridge Farm, Rawcliffe Bridge, Yorks SK 472 423 Ridings Farm, Walsham le Willows TM 015 702 Oadby Lodge Farm, Oadby, Leicester SP 464 303 Barff Farm, Caenby, Glentham sh 1120 12899 Home Farm, Hulton Conyers sh 91 33 74 Manor Farm, Caxton, Cambs TL 303 583 NIAB, Huntington Road, Cambs TL 424619 East Lodge Farm, Stanton, Broadway SK 696 380 ADAS Bridgets, Martyrs Worthy, Winchester SU 514340 West Cotes Farm, Ponteland, Newcastle NZ 120 760 Muirton of Barra, Oldmeldrum, Aberdeenshire NJ 775 263 Highfield, Framlingham, Suffolk TM 279 649 Santon, Near Broadway, Worcester SP 058 347 Nickersons Farm, Rothwell, Lincoln TF 154 998 ADAS, Boxworth, Cambs TL 3463 Bank Farm, Aldington, Ashford, Kent TR 058 377 Millrig Farm, Kirldiston, Lothian NT 4315 Upper Farm, Headbourne Worthy, Winchester SU 473 448 Abbots Ripton, Huntingdon TL 227 885 Top Brackendale, Bingham, Nottinghamshire SK 690 387 Cowlinge, Newmarket TL 715545 Haycombe Hill Farm, Sutton Veny, Warminster ST 898 397 Monsanto's GM Sugar Beet sites 1998 Site Address OS Ref Crown Point Farms, Kirby Bedon, Norwich TG 271 057 Brunstead Hall, Stalham, Norfolk TG 370 268 Pudding Norton Farm, Fakenham, Norfolk TF 922 280 Church Farm, Hardley, Norwich, Norfolk TG 384 014 Manor Farm, Shropham, Thetford TF 988 937 High House Farm, Beetley, East Dereham TF 975 179 Field House Farm, Hibaldstow, Brigg SK 977014 Morley Wood Farm, Attleborough TM045 980 Stowbridge Farm, Stretham, Cambs TL 521 723 Brooms Barn, Higham, Bury St Edmunds, Suffolk TL 752 658 Littleport Farms, Plantation House, Littleport, Cambs TL 596 901 Worick Far, Ramsey, Cambs TL 315 864 Wilson Hall Farm, Wilson, Derbyshire SK 408 256 Garendon Park Farms, Loughborough, Leics SK 497 203 Open Barn Farm, Kempsey, Hereford & Worcs SO 853 503 Granary House, Melton Road, Edwalton, Notts SK 596 325 Exning Estates, Exning, Newmarket, Suffolk TL 608 646 Caudwell Farms, Holbeach Marsh, Spalding, Lincs TF 406 314 Cereals 98, Haverholme Estate, Ewerby, Sleaford TF 116 488 Manor Farm, Eddlethorpe, Malton, N Yorks SE 774 661 Barff Farm, Caenby, Glentham sh.112 012899 Pollington Grange, Pollington, Goole, Humberside SE 462 419 Honey Hil Farm, Saxham, Bury St Edmunds TL 803 652 Throws Farm, Great Dunmow, Essex PL 578 263 Church Farm, Tilney All Saints, Nr Wisbech TF 576 187 Pimlico Farm, Great Limber SE 115 075 Barr Farm, Edlington, Horncastle, Lincs TF 232 729 Barningham Park Farm, Bardwell, Suffolk TL 943 778 Mere Hall, East Mere, Bracebridge Heath, Lincoln TF 014 648 Riding Farm, Walsham le Willows, Suffolk TM 014 701 Byton House Farm, Telford, Shropshire SJ 653 146