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Information regarding Cubbington and Crackley High Court Proceedings

23rd March 2020 update: Cubbington and Crackley High Court Proceedings

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 below.

The injunction granted by the Court takes 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.

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, which have the potential to cause serious injury and health and safety is HS2’s highest concern.

Cubbington and Crackley High Court Proceedings

A claim for possession and an application for injunctive relief to restrain future trespass has been issued against (1) Persons Unknown entering or remaining without the consent of the Claimants on land at South Cubbington Wood  (2) Persons Unknown entering or remaining without the consent of the Claimants on land at Crackley Wood, Birches Wood and Broadwells Wood (3) Matthew Bishop and (4) Joe Rukin in the High Court in Birmingham (Claim No. PT-2020-BHM-000017) in relation to (i) land at South Cubbington Wood, South of Rugby Road, Cubbington, Leamington Spa and (ii) land at Crackley Wood, Birches Wood and Broadwells Wood, Kenilworth, Warwickshire.  A hearing has been listed for Tuesday 17 March 2020 at 10:30am at the Business and Property Courts in Birmingham, Birmingham Civil and Family Justice Hearing Centre, Priory Courts, 33 Bull Street, Birmingham B4 6DS, with a time estimate of 1 day. Anyone who wishes to obtain a copy of the claim and application should contact Shona Jenkins of Eversheds Sutherland (International) LLP who can be contacted by email at [email protected] or 029 2047 1147.

Collection history

Published:
02/03/2020
Updated:
02/03/2020