Belfast Telegraph

Belfast bonfire injunction: Full text of order and locations of sites concerned

There has been confusion over the exact meaning of the injunction Belfast City Council has obtained over four Belfast bonfires.

Click through the images to read the text of the court order.

Read more:

 

Jamie Bryson stokes tensions with councillor bonfire ultimatum

Bonfire injunction: 'What is the council and PSNI going to do... take about 700 of us to court?'  

Bonfire injunction: 'What is the council and PSNI going to do... take about 700 of us to court?'  

Once again bonfires add fuel to tensions

 

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Full text

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

CHANCERY DIVISION

on THURSDAY THE 6TH DAY OF JULY 2017 BETWEEN: BELFAST CITY COUNCIL Plaintiff AND PERSONS ATTEMPTING TO ENTER INTO OR ACTUALLY ENTERING OR REMAINING ON ANY OF THE PLAINTIFF’S LAND FOR THE PURPOSES OF DIRECTING, BUILDING,ORGANISING AND/OR CONSTRUCTING BONFIRES AND/OR PROVIDING MATERIALS FOR USE ON A BONFIRE IN RESPECT OF THE PLAINTIFF’S SITES SITUATE AT RAVENSCROFT AVENUE CAR PARK, BLOOMFIELD WALKWAY, AVONIEL LEISURE CENTRE CAR PARK, INVERARY PLAYING FIELDS AND CREGAGH PARK EAST, BELFAST WITHOUT THE CONSENT OF THE PLAINTIFF OR ITS SERVANTS OR AGENTS

IMPORTANT: NOTICE TO THE DEFENDANTS

1. This Order prohibits you from doing the acts set out in this Order. You are advised to read it very carefully and you may want to consult a solicitor as soon as possible. You have the right to ask this 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 of fined or your assets may be seized. An application was made on the 6th July 2017 by Counsel for the Plaintiff to the Court and accepted that the matter was of sufficient urgency to be heard during the long vacation. The Judge heard the application and read the affidavits listed in Schedule 1 and accepted the undertakings at the end of Schedule 2 of this ordered. IT IS ORDERED that: THE INJUNCTION Until further order the Defendants must not whether by themselves or by their servants and/or agents or by anyone whomsoever,

a) Attempt to enter into sites situate at Ravenscroft Avenue Car Park, Bloomfield Walkway, Avoniel Leisure Centre Car Park, Inverary Playing Fields and Cregagh Park East, Belfast, without the consent of the Plaintiff, its servants or agents with materials to be used, or likely to be used for the purposes of erecting a bonfire;

b) Enter into and/or remain at sites situate at Ravenscroft Avenue Car Park, Bloomfield Walkway, Avoniel Leisure Centre Car Park, Inverary Playing Fields and Cregagh Park East, Belfast, without the consent of the Plaintiff, its servants or agents with or without materials to be used, or likely to be used for the purposes of erecting a bonfire;

c) Remaining at sites situate at Ravenscroft Avenue Car Park, Bloomfield Walkway, Avoniel Leisure Centre Car Park, Inverary Playing Fields and Cregagh Park East, Belfast, without the consent of the Plaintiff, its servants or agents with or without materials to be used, likely to be used for the purposes of erecting a bonfire. AND IT IS FURTHER ORDERED that pursuant to Order 65 Rule 4 of the Rules of the Court of Judicature (NI) 1980 service of these proceedings be effected by affixing notice of any order made by the court to lampposts or any other conspicuous portion of the site and that the sites referenced above be identified by the maps annexed to this order at Schedule 3. AND FURTHER that the Plaintiff be granted leave to amend the title of this summons.

VARIATION OR DISCHARGE OF THIS ORDER The Defendant may apply to the Court at any time to vary or discharge this Order but if he wishes to do so he must first inform the Plaintiff’s Solicitors in writing at least 48 hours beforehand.

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS City Hall Belfast BT1 5GS INTERPRETATION OF THIS ORDER In this Order the words ‘he’ ‘him’ or ‘his’ include ‘she’ or ‘her’ and ‘it’ or ‘its’. THE EFFECT OF THIS ORDER 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 something through others acting on his behalf or on his instructions or with his encouragement. 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 The Court entered into evidence the evidence of the Plaintiff before making this order and further ordered that pursuant to section 6 of the Human Rights Act 1998 and the Court's inherent jurisdiction and having considered the principle and application of open justice and Article 10 of the European Convention of Human Right and section 12 of the Human Rights Act 1998 including the rights of the public at large said evidence shall not be disclosed without further order of the court, the deponents in any event to be anonymised. SCHEDULE 2 If the Court later finds that this Order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Plaintiff will comply with any Order the Court may make. SCHEDULE 3 Ordnance Survey maps of the sites referred to above, namely Ravenscroft Avenue Car Park, Bloomfield Walkway, Avoniel Leisure Centre Car Park, Inverary Playing Fields and Cregagh Park East, Belfast IT IS FURTHER ORDERED that a writ of summons be issued within 21 days. Time Occupied: 6 July 2017 1 hour 10 mins All communications to the Court about this Order should be sent to Chancery Office, Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF quoting the case number. The Office is open between 09:30 am and 4.30 pm Monday to Friday. The telephone number is 0300 200 7812. Filed Date 7 July 2017

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