I guess now that the ink is dry on deal, or mores the point the PDF documents have been signed, I can enlighten the very many of you who have expressed an interest in the Fitzwilliam Injunction saga. If you’re not fully up to date then you can catch up here and here. OK, so assuming you know what’s been occurring I’ll fill you in on the rest of the details.

At the end of last week our legal representative was contacted by the Fitzwilliam’s legal team with an offer. That offer amounted to dropping those named from the injunction, with no claims made to costs provided we signed an agreement not to trespass on the claimants land. The claimants would still be pursuing an injunction against persons unknown.

Now this may seem to be not a particularly good deal but in this instance you need to consider the wider context.

Firstly, it was pretty clear that the Fitzwilliam were very keen to avoid a full trial against those named on the injunction. The legitimacy of their evidence and in particular their hunting methods had been seriously called into question by Mr Justice Freedman, along with the behaviour of their so called hunt stewards. Had the Fitzwilliam felt they were in a strong position they would have pushed on regardless.

Secondly, their claims for harassment, trespass against goods and the utterly laughable claims of assault were denied by the judge. Mr Freedman also noted that assaults did appear to have been carried out by the hunt staff and this could be followed up by the victims should they wish, causing another potential embarrassment for the hunt.

Thirdly, there would be no claims for costs. It was estimated that the hunt had spent in excess of Β£120,000 in bringing this injunction. That’s enough to make even the most financially wealthy hunt think seriously about taking out similar action and this is what we wanted to achieve. Most hunts rely on local land owners to allow them to hunt, the Fitzwilliam are one of the few who own a significant amount of land on which to hunt however they still leave this land for a large amount of their hunt season. With this in mind you have to ask yourself, did they get value for money?

Not really.

All they ended up with was a list of people who couldn’t trespass but could still use public rights of way and open access land within their estate. That’s not really a huge achievement given the level of investment. Their actual hunt country is in the region of 384,000 acres, they only actually own just over 4% of that. Now while they are pushing ahead with the persons unknown part of the injunction it is still a civil action and not something the police can get involved with. Sure, if you break the injunction the claimants can serve you and a judge could send you to prison for contempt of court however for that to happen the claimants have to know who you are. If previous junctions with regards to persons unknown are anything to go by, they would appear to be almost impossible to enforce.

The single biggest factor in favour of the hunt was the level of financial clout they could bring to bear for this undertaking. As normal working people we had no hope of raising the funds necessary to take this to full trial and with the outcome in question there was a real danger of losing what assets we have, had the case not gone our way. Simply put, there was no way I, or any of the others were going to lose their houses over this. All of the named defendants were of course hugely grateful to all the people who donated, some who shall remain nameless pledging some significant sums but having the funds to fight this was only half the story and no reduction in the final risk of having costs awarded against us.

Now the Fitzwilliam and their supporters may think differently, but the simple fact is we came out of this saga a whole lot better than they did.

Finally the costs of achieving this have exceeded what our original Crowd Justice funding covered and has left some of us significantly out of pocket. Please consider helping by donating here: Financial Costs

Comments
  1. The last leg of the appeal’s doing well and as one who very willingly donated I’ll be publicising and donating again.

    This has been a serious gain against vested hunt interests and I truly hope that Mr Justice Freeman’s advice regarding the assaults is acted upon by those made victims of violence by hunt thugs.

    All of you did all of us proud by standing firm for the sake of our wildlife. That won’t be forgotten.

  2. Miss Liz Farr says:

    Hunting, there is no trail hunting it is a myth drag g hunting is the only humane version of hunting it is animal killing free . I don’t know why Huns did not change at the time of the ban in 2004 to drag hunting non animals

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