Legal Threat

From: The County Solicitor, Nottingham County Council

Dear Mr Anning

On the application of the Nottingham County Council His Honour Judge
Boggis QC today Granted an injunction against you in the terms set out
below. For the avoidance of doubt the terms of he order require you
remove the hypertext links to Belgium [Hypertext link removed at request of Notts County Council] and Unithed States [Hypertext link removed at request of Notts County Council].

This matter will be bought before the court again on the 9th June 1997. A
writ of summons, notice of motion and affidavit will be served on you in
connection with that court hearing and the injunction granted today.
You enable you to properly consider these documents you may deem it
appropriate to supply me with a postal address to which the papers can be
sent.

You may also consider it appropriate to notify your co-defendants of the
terms of the order. I have in mind the fact that Mr Gwatkin is out of the
country but that you may have a contact address for him

Yours sincerely,

County Solicitor
Nottingham County Council
3rd June 1997

CASE No:

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

HIS HONOUR JUDGE BOGGIS QC

3RD DAY OF JUNE 1997

IN AN ACTION INTENDED TO BE BETWEEN

NOTTINGHAMSHIRE COUNTY COUNCIL Intended Plaintiff

-and-

(1) JOHN GWATKIN
(2) NICK ANNING
(3) DAVID HEBDITCH
(4) MARGARET JERVIS Proposed Defendants

ORDER FOR AN INJUNCTION BEFORE THE
ISSUE OF A WRIT OF SUMMONS

IMPORTANT:-
NOTICE TO THE INTENDED DEFENDANTS ("the Defendants")
(1) This Order prohibits you from doing the acts set out in
this Order. You should read it all carefully. You are advised to
consult a solicitor as soon as possible. You have a right to ask the
Court to vary or discharge this Order.
(2) If you disobey this Order you may be found guilty of
Contempt of Court and may be sent to prison or fined or your assets may
be seized.

An Application was made on the 3rd June 1997 by Counsel for
Nottinghamshire County Council (who is to be the Plaintiff in an Action
against John Gwatkin, Nick Anning, David Hebditch and Margaret Jervis who
are proposed to be the First Defendant, Second Defendant, Third Defendant
and Fourth Defendant respectively) to the Judge who heard the Application
supported by the draft affidavit listed in Schedule 1 and accepted the
undertakings in Schedule 2 at the end of this Order.
IT IS ORDERED that up to and including the 9th day of June 1997 ("the
Return Date") :-
(1) The First Defendant must not until after judgment
or further Order in the meantime and whether acting by himself, his
servants or agents or any of them or otherwise howsoever from doing the
following act or any of them that is to say.

(1) authorising the reproduction of the
Revised Joint Enquiry Team Report of Nottinghamshire County Council and
Nottinghamshire Constabulary dated June 1990 or any part thereof without
the licence of the Plaintiff;

(2) sell, supply or offer or expose for sale
or supply, publish, disseminate, disclose or howsoever deal with the
Revised Joint Enquiry Team Report dated June 1990.

(3) sell, supply or offer or expose for sale or
supply, publish, disseminate, disclose or howsoever deal with information
contained in the Revised Joint Enquiry Team Report dated June 1990
relating to the respective case histories and/or relating to the
identities of the respective children identified therein

2. The Second Defendant must not until after
judgment or further Order in the meantime and whether acting by himself,
his servants or agents or any of them or otherwise howsoever do the
following act or any of them that is to say.

(1) reproduce the Revised Joint Enquiry Team
Report of Nottinghamshire County Council and Nottinghamshire Constabulary
dated June 1990 or any part thereof without the licence of the
Plaintiff;

(2) sell, supply or offer or expose for sale
or supply, publish, disseminate, disclose or howsoever deal with
information contained in the Revised Joint Enquiry Team Report dated June
1990 relating to the respective case histories and/or relating to the
identities of the respective children identified therein.

3. The Third Defendant must not until judgment or
further Order in the meantime and whether acting by himself, his servants
or agents or any of them or otherwise howsoever from doing the following
act or any of them that is to say.

(1) reproduce the Revised Joint Enquiry Team
Report of Nottinghamshire County Council and Nottinghamshire Constabulary
dated June 1990 or any part thereof without the licence of the Plaintiff;

4. The Fourth Defendant must not until judgment or
further Order in the meantime and whether acting by herself, her servants
or agents or any of them or otherwise howsoever from doing the following
act or any of them that is to say.

(1) reproduce the Revised Joint Enquiry Team
Report of Nottinghamshire County Council and Nottinghamshire Constabulary
dated June 1990 or any part thereof without the licence of the Plaintiff;

VARIATION OR DISCHARGE OF THIS ORDER
The First Defendant and/or Second Defendant and/or Third Defendant and/or
Fourth Defendant may apply to the Court at any time to vary or discharge
this Order but if they wish to do so they must first inform the
Plaintiff's solicitors in writing.

AND IT IS FURTHER ORDERED:
(1) that the Third Defendant and the Fourth Defendant may be
served by electronic mail transmission from the Plaintiff’s
offices to dlheb@globalnet. co.uk and to mj@globalnet.co.uk respectively;

(2) that the Second Defendant may be served by electronic
mail transmission to the address above of the Third
Defendant;

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS
The Plaintiff's solicitors are:-

County Solicitor of County Hall, West Bridgford, Nottingham, NG7 2QP

Telephone Number in office hours : 0115 977 3967
Telephone Number out of office hours : 0115 977 3967

INTERPRETATION OF THIS ORDER
1) In this Order the words "he" "him" or "his" include "she" or
"her" and "it" or "its".
2) Where there are two or more Defendants then (unless the contrary
appears)
(a) References to "the Defendant" mean both or all of them;
(b) An Order requiring "the Defendant" to do or not to do
anything requires each Defendant to do or not to do it;
(c) A requirement relating to service of this Order or of any
legal proceedings on "the Defendant" means on each of them.
THE EFFECT OF THIS ORDER
1) A Defendant who is an individual who is ordered not to do
something must not do it himself or in any other way. He must not do it
through others acting on his behalf or on his instructions or with his
encouragement.
2) A Defendant which is a corporation and which is ordered not to do
something must not do it itself or by its directors, officers, employees,
or agents or in any other way.
SCHEDULE 1.
Affidavits
The Plaintiff relied on the following affidavits:
1) Draft Affidavit of Martin Eaden
SCHEDULE 2.
Undertakings given to the Court by the Plaintiff
1) If the Court later finds that this Order has caused loss to the
Defendant, and decides that the First Defendant and/or Second Defendant
and/or Third Defendant and/or Fourth Defendant should be compensated for
that loss, the Plaintiff will comply with any Order the Court may make.
2) As soon as practicable the Plaintiff will issue and serve on the
First Defendant and/or Second Defendant and/or Third Defendant and/or
Fourth Defendant a Writ of Summons substantially in the form of the draft
Writ produced to the Court and initialled by the Judge claiming
appropriate relief together with this Order.
(3) As soon as practicable the Plaintiff will serve on the First
Defendant and/or Second Defendant and/or Third Defendant and/or Fourth
Defendant a Notice of Motion for the Return Date together with a copy of
the Affidavit and Exhibits containing the evidence relied on by the
Plaintiff.]
as\cjf\broxtowe.ord
CH 1997 N No.

IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
BIRMINGHAM DISTRICT REGISTRY

NOTTINGHAMSHIRE COUNTY COUNCIL

-and-

(1) JOHN GWATKIN
(2) NICK ANNING
(3) DAVID HEBDITCH
(4) MARGARET JERVIS

ORDER FOR INJUNCTION

Ref: