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 therebv 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 Eady 25 March 1999 AN:D BETWEEN: 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 AND BETWEEN: 1998-M-No.851 MONSANTO PLC Plaintiff - and - (1) ROWAN TILLY (2) JO HAMILTON (3) KATHIRYN TULIP (4) MELANIE JARMAN (5) ZOE ELFORD 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, Thursday 25 March 1999, by Counsel for the Plaintiff to the Judge, Mr Justice Eady. The Judge heard the Application and the Solicitor for the Defendant and read the Affidavits listed in Schedule 1 and accepted the undertakings set out in Schedule 2 of this Order. 1T IS BY CONSENT ORDERED that: 1. THE INJUNCTlON 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 Plaintiffs plants or crops at the sites listed in Schedule 4 to this Order and all other sites in respect of which the Plaintiff holds, from time to time, the consent of the Department of the Environment, Transport and tile 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; (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 and all other sites in respect of which the Plaintiff holds, from time to time, the consent of the Department of the Environment, Transport and the Regions (or such consent as may be given by another government department or agency authorised to issue such consents) to release genetically modified organisms; (4) attempting or conspiring with another or others to do any such act. 2 PROVISO TO THE INJUNCTION To assist the Defendant in complying with the terms of The Injunction: (1) The Defendant shall be at liberty, by its solicitors, to make an enquiry sent by fax to the Plaintiffs solicitors (Rowe & Maw fax no. 0171 782 8982 marked for the attention of Anthony Phillips) before 5 p.m. on a working day not less than four working days before the date of any intended action (i) stating (a) the address of any site at which tile Defendant (personally or by genetiX snowball) intends to take action and the date of such intended action, and (b) the following details entered on the GMO register in respect of such site: the address, the Ordnance Survey reference, and the identity (if stated on the GMO register) of any person registered as having consent to release genetically modified organisms, and (ii) requesting that the Plaintiff state whether or not the site is one in respect of which it holds 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. (2) Following the receipt of such enquiry, and in the event that the Plaintiff has such consent and wishes to rely on the Injunction granted by Order in respect of such site for such intended action, the Plaintiff shall reply by fax sent to the Defendants' solicitors (Leigh Day & Co fax no. 0171 253 4433 marked for the attention of Daniel Bennett) not later than 5 p.m. on the third working day thereafter, confirming that it holds such consent. 3. COSTS OF THE APPLICATION No order for costs. 4. VARIATION 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 Plaintiffs Solicitors in writing at least 2 working days beforehand. NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS The Plaintiffs solicitors are: Rowe & Maw 20 Black Friars, Lane London EC4V 6HD (Ref: 401/28482.2) Telephone: 0171 248 4282 Facsimile: 0171248 2009 INTERPRETATION OF THIS ORDER 1. In 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 any thing requires each Defendant to do or not to do it. EFFECT OF THIS ORDER l. 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 who 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 Affidavits The Judge read the following Affidavit before making this Order: 1. Catherine Lisa Hooper sworn on 15 July 1998 2. William Cledwyn Davies sworn on 27 July 1998 3. Antony Douglas Phillips sworn on 18 September 1998 4. Antony Douglas Phillips (Second) sworn on 18 September 5. Sally Catherine Moore sworn on 18 September 1998 6. Catherine Lisa Hooper (Second) sworn on 21 January 1999 7. Catherine Lisa Hooper (Third) sworn on 22 March 1999 8. Anthony Daniel Bennett sworn on 25 March 1999 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( See footnote 1) 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 on tile record for the Defendants) 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 and the Third Affidavit of Catherine Lisa Hooper referred to at Schedule 1 above; (b) the Plaintiff will deliver by hand to Messrs Leigh Day & Co a copy of the Order and Third Affidavit of Catherine Lisa Hooper 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 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 on the Defendants and undertake so to do and further undertake to pass this Order to each Defendant forthwith upon receipt. (Footnote 1: All communications to the Court about this Order should be sent to Room W11 Royal Courts of Justice, Strand, London, WC2A 2LL quoting the case number. The office is open between 10 a.m. and 4.30 p.m. Monday to Friday. The telephone number is 0171 936 6009.) 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 Sites 1998/1999 Site Address OS Ref PBIC, Trumpington, Cambridgeshire TL 445 545 Huntingdon Road, Cambs TL 424 619 Stanton, Near Broadway, Worcester SP 058 347 Boxworth, Cambs TL 345 635 Martyr Worthy, Winchester SU 518 341 Heaclley Hall, Tadcaster SE 443 414 Syilsby, Lincs TA 253 024 Little Abington, Cambs TL 45 55 Matching, Harlow TL 46 25 Sewstern, Grantham, Lincs SK 89 20 Wendy, Near Royston TL 324 468 Morley Research Centre TM 055 996 Manor Farm, Shropham TL 98 93 Edwalton, Nottingham SK 595 324 Groby Hall Farms, Leics SK 554 106 Isley Walton SK 40 25 Manor Farm, Bradenham TF 94 03 Long Sutton, Spalding TF 45 15 Telford, Shropshire SS 65 14 Boothby, Graffoe SK 96 58 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION 1998 - M - No. 1180 B E T W E E N : MONSANTO PLC - and - Plaintiffs (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 AND BETWEEN 1998 - M - No. 851 MONSANTO PLC Plaintiffs - and - (1) ROWAN T ILLY (2) JO HAMILTON (3) KATHRYN TULIP (4) MELANIE JARMAN (5) ZOE ELFORD Defendants ORDER FOR AN INJUNCTION Rowe & Maw 20 Black Friars Lane London EC4V 6HD Ref 401/28482.