IN THE HIGH COURT OF JUSTICE 1998-M-851



QUEEN'S BENCH DIVISION

BETWEEN:

 MONSANTO PLC Plaintiff

and

 (1)ROWAN TILLY
 (2)JO HAMILTON
 (3)KATHRYN TULIP
 (4)MELANIE JARMAN
(5)ZOE ELFORD
 Defendants

TO:	The FIRST DEFENDANT, ROWAN TILLY c/o genetiX snowball, One World
Centre, 6 Mount Street, Manchester M2 5NS,
The SECOND DEFENDANT, JO HAMILTON, of; 
The THIRD DEFENDANT, KATHRYN TULIP, of;
The FOURTH DEFENDANT, MELANIE JARMAN, of;
The FIFTH DEFENDANT, ZOE ELFORD, c/o genetiX snowball, One World Centre,
6 Mount Street, Manchester M2 5N5:


This Writ of Summons has been issued against you by the above-named Plaintiff in respect of the claim 
set out on the back.

Within 14 days after the service of this Writ on you, counting the day of service, you must either satisfy 
the claim or return to the Court Office mentioned below the accompanying Acknowledgment of Service 
stating therein whether you intend to contest these proceedings.

If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the 
Acknowledgment without stating therein an intention to contest the proceedings, the Plaintiff may proceed 
with the action and judgment may be entered against you forthwith without further notice

Issued from the Central Office of the High Court this 15th day of July 1998

NOTE:
This Writ may not be served later than 4 calendar months (or, if leave is required to effect service out of 
the jurisdiction, 6 months) beginning with that date unless renewed by order of the Court.

IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.



Statement of Claim


The Plaintiff claims: -

1. The Plaintiff is and was at all material times a company carrying on business, including plant 
biotechnology and research and development into genetically modified plants and crops ("GM Plants) 
for its commercial purposes.


2. The Defendants and each of them are and were at all material times members or supporters of an 
unincorporated organisation called genetiX snowball ("the Organisation"). The purposes or objects of 
the Organisation are or include the uprooting, destruction and damaging of GM Plants, including those 
belonging to the Plaintiff, and the removal of all GM Plants from food and the environment


3. On Saturday 4 July 1998 the Defendants and each of them entered a farm at Shirburn, Oxfordshire 
("the Farm"), without the permission of the owner or the occupier of the Farm, on which GM Plants 
belonging to the Plaintiff were being grown and developed. The Defendants deliberately did and/or 
procured and/or conspired to cause the doing of the following acts namely the unlawful uprooting, 
destruction and damage of several hundred of the Plaintiffs GM Plants at the Farm whereby the 
Plaintiff has suffered loss and damage.

Particulars of Special Damage


Prior to discovery and/or the administration of interrogatories the Plaintiff will rely upon:

Cost of GM Plants damaged and/or destroyed £150.00

Cost of physical care incurred in relation to GM Plants
damaged and/or destroyed over the period from planting
to 4 July 1998 £5,000.00
 £5,150.00

At present, these sums exclude allocation of any overheads.


4. Further or alternatively, the said deliberate and unlawful conduct of the Defendants and each of them 
has caused disruption to the Plaintiffs demonstration work and its research and development work at 
the Farm. The Plaintiff has thereby suffered loss and damage which cannot be quantified by way of 
special damages.

5. Further or alternatively the Defendants have conspired together, through the medium of the 
Organisation, to uproot, destroy and damage the Plaintiffs GM Plants unlawfully and to disrupt and 
delay the Plaintiffs research and development into GM Plants and plant biotechnology unlawfully on a 
regular and frequent basis.

Particulars of Conspiracy
At present and prior to discovery and/or the administration of interrogatories the Plaintiff will rely upon:

(a)	a letter dated 23 June 1998 written by the Third Defendant on behalf of the Organisation 
to the owner or occupier of a site on which the Plaintiff is carrying out research and 
development work into GM Plants by which the Organisation encouraged the uprooting of 
GM Plants;

(b)	a letter dated 29 June 1998 written by the First Defendant on behalf of the Organisation to 
the Plaintiff by which the Organisatio n complained of the Plaintiffs unwillingness to 
remove all GM Plants from food and the environment and stated that the Organisation's 
members "would take responsibility for countering the dangers of GM crops";

(c)	a publicity leaflet produced in the name of the Organisation which, inter alia, threatens 
regular and frequent action from 4 July 1998 onwards against the research, development 
and production of GM Plants;

(d)	the presence and conduct of the Defendants together at the Farm on 4 July 1998; and

(e)	the address given by the First and Fifth Defendants to the Police on 4 July 1998 as that of 
the Organisation.


6. Further or alternatively the Defendants and each of them threaten and intend to continue:

(1)	to uproot, destroy and damage the Plaintiffs GM Plants and biotechnology plants; and/or

(2) 	deliberately and unlawfully to disrupt or interfere with the Plaintiffs business and 
commercial interests, including its research and development into GM Plants and plant 
biotechnology; and/or

 (3)	to conspire together against the Plaintiff and its business and commercial interests
 unless restrained by Order of this Honourable Court.

Particulars of the Defendants' Threats and Intentions

At present and prior to discovery and/or the administration of interrogatories the Plaintiff repeats 
and will rely upon the Particulars at (a), (b), (c) and (e) under paragraph 5 hereinabove.

7. By reason of the said wrongful acts of the Defendants and each of them the Plaintiff has suffered loss 
and damage and the Plaintiff claims damages for trespass to its goods, unlawful interference with its 
business and conspiracy together with interest thereon pursuant to Section 35A of the Supreme Court 
Act 1981.

AND THE PLAINTIFF CLAIMS:

1. An injunction to restrain the Defendants and each of them (whether acting by themselves, or through 
others acting on their behalf or on their instructions or with their encouragement or in any other way) or 
from going all or any of the following acts, namely:

(1)	uprooting, destroying and/or damaging the Plaintiffs GM Plants and other goods 
or property of the Plaintiff

(2)	deliberately and unlawfully disrupting or otherwise interfering with the Plaintiffs 
business and commercial interests, including its research and development into GM Plants 
and plant biotechnology; and/or

(3)	conspiring against the Plaintiff and its business and commercial interests and/or 
inciting or purporting to authorise another or others to do such acts or any of them.

2. Damages for trespass to goods including £5,150 under paragraph 3 hereinabove.

3. Damages for unlawful interference with business and commercial interests.

4. Damages for conspiracy.

5. Interest pursuant to Section 35A of the Supreme Court Act 1981.

6. Costs

SIMON BARKER




THIS WRIT was issued by Rowe & Maw of 20 Black Friars Lane, London EC4V 611D, Solicitors for 
the said Plaintiff whose registered office is at P0 Box 53, Lane End Road, High Wycombe, 
Buckinghamshire HP 12 4HL
iN THE HIGH COURT OF JUSTICE	'22~~~-M-No~J
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