Cubbington and Crackley High Court Proceedings
Information regarding Cubbington and Crackley High Court Proceedings
Documents
Details
5 September 2022 update
The following Order has been made by the Court in proceedings with Claim No: QB-2022-BHM-000044. The Order also pertains to these proceedings.
26 August 2022 update:
The following documents have been filed with the court in proceedings with Claim No: QB-2022-BHM-000044. Those documents also pertain to these proceedings.
Application Notice - 23 August 2022
Witness Statement of Mary Elizabeth Barraclough - 24 August 2022
Appendices 1 to 3 to Draft Order
Draft Order for short extension to Harvil Road Injunction
7 May 2021 update: Cubbington and Crackley High Court Proceedings
On 7 May 2021, the High Court made a further order (the “May 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 31 October 2022.
The specific terms of the injunction are set out in the May 2021 Order. An electronic copy of the May 2021 Order together with Plan A, Plan B and Plan C which are annexed to the May 2021 Order can be found below.
The May 2021 Order was made by the court following the Claimants’ application dated 26 March 2021 to extend the injunction.
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 May 2021 Order and set out on the plans annexed to the May 2021 Order.
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.
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:
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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
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affect any private rights of access over the Cubbington Land and Crackley Land held by any neighbouring landowner.
Updates to this page
Published 3 March 2020Last updated 5 September 2022 + show all updates
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Court order added.
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Documents have been filed with the court in proceedings with Claim No: QB-2022-BHM-000044. Those documents also pertain to these proceedings and have been added.
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Added 7th May 2021 update.
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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
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New court hearing document added.
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Added 28 January 2021 update.
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Documents added: Third witness statement of Robert Shaw Witness statement of Andy Jones Certificates of service Claimants skeleton arguement
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Case Management Order and associated documents added.
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Additional documents added
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First published.