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;
(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.
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;
(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
.
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
Plaintiffs
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:
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