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Information regarding Cubbington and Crackley High Court Proceedings

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 [email protected].

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 Wood.  The injunction will now remain in effect until trial or further order or, if earlier, a long-stop date of 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 below.

The Case Management Order was made by the court following the Claimants’ application dated 10 December 2020 to extend the injunction (the “Extension Application”).  The court has scheduled a formal hearing of the Extension Application for Thursday 14 January 2021 at 10:30 am.

A copy of the Extension Application and evidence in support can also be found below, together with the Notice of Hearing from the court.

Any person who wishes to contest the Extension 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 Case Management Order carefully, comply with any relevant directions and monitor this website for further information.

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 [email protected].

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 Case Management Order and set out on the plans annexed to the Case Management Order.

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.

Collection history

Published:
02/03/2020
Updated:
29/01/2021