Notice

Cubbington and Crackley High Court Proceedings

Information regarding Cubbington and Crackley High Court Proceedings

Documents

January 2021 Order

January 2021 Order Annexe 1 – Plan A

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January 2021 Order Annexe 2 – Plan B

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January 2021 Order Annexe 3 – Plan C

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January 2021 Order Schedule 1 Spreadsheet

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Exhibits to Richard Jordan’s Witness Statement

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Notice of Hearing

Third Witness Statement of Robert Shaw

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Witness Statement of Andy Jones

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Certificates of Service

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Claimants Skeleton Argument

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Application Notice

Draft Court Order

Amended Claim Form

Amended Particulars of Claim

Details

On 26 March 2021, the Claimants filed an application (the “Application”) with the Court asking to further extend the injunction it granted on 17 March 2020. The hearing of this Application is due to take place on 13 April 2021.

Electronic copies of the Application and evidence in support can be found below.

Any person who wishes to contest the Application or otherwise who wishes to become a party to these proceedings so as to be able to make representations to the Court on the Claimants’ claim must by 4pm on 7 April 2021:

i. file and serve a witness statement on the Claimant’s solicitors outlining their interest in this matter and the nature of grounds for that contest or arguments they may wish to raise; and ii. provide a postal address for service or email address at which they are prepared to accept electronic service of documents.

Any person who is unable to obtain electronic copies of documents, or who wishes to obtain hard copies of documents, should contact HS2’s solicitors (DLA Piper UK LLP) on 0114 283 3312 or by email to rob.shaw@dlapiper.com.

12 March 2021 update: Cubbington and Crackley High Court Proceedings

Following the January 2021 Order, the Claimants intend to apply to extend the injunction awarded beyond the longstop date of 30 April 2021. The court has given formal notice (the “Notice of Hearing”) that the hearing of the application will take place on Tuesday 13 April 2021 at 10.30am. It has given a time estimate of 3 days for this hearing.

An electronic copy of the Notice of Hearing can be found below.

Any person who is unable to obtain electronic copies of documents, or who wishes to obtain hard copies of documents, should contact HS2’s solicitors (DLA Piper UK LLP) on 0114 283 3312 or by email to rob.shaw@dlapiper.com.

28 January 2021 update: Cubbington and Crackley High Court Proceedings

On 19 January 2021, the High Court made a further order (the “January 2021 Order”) extending the injunction it granted on 17 March 2020 to prevent protesters trespassing on HS2’s sites at Cubbington Wood and Crackley, Birches and Broadwells Woods. The injunction will now remain in effect until trial or further order or, if earlier, a long-stop date of 30 April 2021.

The specific terms of the injunction are set out in the January 2021 Order and an electronic copy of the January 2021 Order together with Plan A, Plan B, Plan C and Schedule 1 which are annexed to the January 2021 Order can be found below.

The January 2021 Order was made by the court following the Claimants’ application dated 10 December 2020 to extend the injunction.

The Claimants’ intend to bring a further application to vary and extend the injunction beyond 30 April 2021. The January 2021 Order sets out directions for the bringing of this further application by the Claimants. Any person who wishes to contest this further application or otherwise who wishes to become a party to these proceedings so as to be able to make representations to the Court should review the terms of the January 2021 Order carefully, comply with any relevant directions and monitor this website for further information.

The court has directed that this further application should be listed for a hearing on 13 April 2021. A copy of the formal Notice of Hearing will be placed on this website once provided by the court.

Any person who is unable to obtain electronic copies of documents, or who wishes to obtain hard copies of documents, should contact HS2’s solicitors (DLA Piper UK LLP) on 0114 283 3312 or by email to rob.shaw@dlapiper.com.

The court injunction is necessary to help us keep the public and our staff safe at our work sites. There have been numerous incidents of trespass and obstruction, including incidents where protesters have climbed onto vehicles. All of which have the potential to cause serious injury and health and safety is HS2’s highest concern. Please note that this injunction does not restrict activity on land that is not covered by the injunction. The land subject to the injunction is the land described in the January 2021 Order and set out on the plans annexed to the January 2021 Order.

17 December 2020 update: Cubbington and Crackley High Court Proceedings

On 17 December 2020, the High Court made an order (the “Case Management Order”) extending the injunction it granted on 17 March 2020 to prevent protesters trespassing on HS2’s sites at Cubbington Wood and Crackley, Birches and Broadwells Woods, until 31 January 2021.

The specific terms of the injunction are set out in the Case Management Order and an electronic copy of the Case Management Order (dated 17 December 2020) together with Plan A, Plan B and Plan C which are annexed to the Case Management Order can be found above.

The Case Management Order was made by the court following the Claimants’ application dated 10 December 2020 to extend the injunction (the “Extension Application”). A copy of the Extension Application and evidence in support can also be found above, together with the Notice of Hearing from the court.

Details

On 17 March 2020, the High Court granted a possession order, a declaration and an injunction to prevent protesters trespassing on HS2’s sites at Cubbington Wood and Crackley, Birches and Broadwells Wood. An electronic copy of the Court Order dated 17 March 2020 together with Plan A, Plan B and Plan C which are annexed to the Order can be found above.

The injunction granted by the Court took effect from 4pm on 24 March 2020 and prohibits the Defendants from:

Entering or remaining upon the land coloured green, pink and blue and edged in red on Plan A (“the Cubbington Land”) and from entering or remaining on the land coloured green, pink and blue and edged in red on Plan B (“the Crackley Land”) save that the injunction does not:

  • prevent any person from exercising their rights over any open public right of way over the Cubbington Land or the Crackley Land. Those public rights of way, for the purposes of the order, include the “unofficial footpath” between the two points of the public footpath “PROW 130” in the location indicated on Plan C attached to the order; and

  • affect any private rights of access over the Cubbington Land and Crackley Land held by any neighbouring landowner.

Published 3 March 2020
Last updated 29 March 2021 + show all updates
  1. Added: . Application Notice . Witness Statement of Richard Jordan . Exhibits to Richard Jordan’s w/s . Draft Court Order . Amended Claim Form . Amended Particulars of Claim

  2. New court hearing document added.

  3. Added 28 January 2021 update.

  4. Documents added: Third witness statement of Robert Shaw Witness statement of Andy Jones Certificates of service Claimants skeleton arguement

  5. Case Management Order and associated documents added.

  6. Additional documents added

  7. First published.