London Indymedia

How to be a legal observer at EDO MBM and not be arrested

High Court Watch | 10.01.2006 12:56 | Anti-militarism | London | South Coast

The High Court has given permission for legal observer to film/photograph at EDOMBM if they sign the following undertaking and post to Moss and Co Solicitors (For the Defence)

‘Legal Observers’
SIGNED UNDERTAKING TO THE COURT

I, [ NAME HERE ], of [ ADDRESS HERE ], have read the Order of Mr Justice Gross dated 29 April 2005 in action HQ05X00791 and the Order of Mr Justice Walker dated 21 December 2005. I undertake to the court that when taking visual or sound recordings of activities related to Protected Persons or their vehicles I will wear a yellow jacket labelled “legal observer” and displaying the number [ ] assigned by Moss & Co Solicitors, that I will retain custody of this jacket and not permit anyone else to wear it, that I will carry a copy of the undertaking at all times when acting as a legal observer and will produce it on request of a police officer acting in the execution of that officer’s duties, and that such sound and visual recordings will only be used for the purposes of this action, with liberty to apply to the court if such recordings are sought to be used for any other purpose, including criminal proceedings.

SIGNED:

DATED:





__________________________________________________________________
Note to legal observers:

Please fill in a name and address but not a number. Moss and Co will give you one.

Sending this undertaking to Moss and Co Solicitors does not mean you have instructed them to give you legal advice on its conditions. They are under no obligation to do so unless you are one of their clients.
________________________________________________________________________
Send signed undertaking by post (not email) and mark envelope. EDO CASE LEGAL OBSERVER UNDERTAKING.

FOR ATTENTION OF:

Aryeh Moss, (or if after 20 Jan 2006, Beth Handley)

at:

Moss and Co Solicitors
17 Lower Clapton Road
London
E5 0NS

Contact telephone. 020-8986-8336

_____________________________________________________________________


High Court Watch
- Homepage: http://related site www.smashedo.org.uk

Comments

Hide the following 4 comments

About time to!

10.01.2006 16:43

About time Legal Observers where allowed to film legally at EDO.

EdoPhobic - Manchester


Hold on...

10.01.2006 18:40

Why the fuck should anyone have to give promises about what thet wear to some poxy lawyer to stand on a pavement in this country? Isn't the basis of English law that something is legal unless there's a law against it?

But how out-of-date I am! Just heard Blair on the radio calling for a rethink of stuff like, you know, presumption of innocence, court system, stuff like that. Soon there'll just be a general law against being alive in a public place which the cops will sometimes let you off with if you're just spending money and not wearing a hoodie...

democrat


good news

10.01.2006 21:29

but no doubt the police will only concede to the agreement after they've detained or arrested the legal observers to remove them from the scene.

ross


Judge Walker: Order of 21 December

11.01.2006 03:25

Heres the text of the variation in the EDO injunction that explains the change.

A poxy victory maybe but also a step forward which suggests the court case is turning against EDO... at last.
__________________________________


ORDER DATED 21 DECEMBER 2005

UPON hearing the solicitors for the Claimants, Counsel for the Third, Fourth, Eighth, Eleventh, Fourteenth and Fifteenth Defendants and the Fifth, Tenth and Seventeenth Defendants in person

AND UPON reading the written submissions of the parties;



IT IS HEREBY ORDERED THAT:


1. The order of Gross J dated the 29th April 2005 shall be varied so that
paragraph 2(a) of that order shall have added to it the following proviso:

PROVIDED THAT this sub-paragraph shall not prevent the making of sound or visual recordings by a “legal observer”, being a person who:

(i) has signed an undertaking to the Court in the following terms “I, [full name], of [address], have read the Order of Mr Justice Gross dated 29 April 2005 in action HQ05X00791 and the Order of Mr Justice Walker dated 21 December 2005. I undertake to the court that when taking visual or sound recordings of activities relating to the Protected Persons or their vehicles I will wear a yellow reflective jacket labelled “legal observer” and displaying the number [ ] assigned by Moss & Co Solicitors, that I will retain custody of this jacket and will not permit anyone else to wear it, that I will carry a copy of the undertaking at all times when acting as legal observer and will produce it on request of a police officer acting in the execution of that officer’s duties, and that such sound or visual recordings will only be used for the purposes of this action, with liberty to apply to the court if such recordings are sought to be used for any other purpose, including criminal proceedings."

(ii) has delivered the signed undertaking to Moss & Co Solicitors who will hold the undertaking to the Order of the Court and the Defendants, record the person’s name and address on a list of designated “legal observers” next to a number, write that number into the undertaking, and return a copy to the “legal observer”, the said list being held for the purposes of these proceedings only, with liberty to apply should the contents of the list be required in connection with any other purpose.

(iii) has not been removed from the said list by order of the Court.

(iv) is wearing the jacket described in the undertaking at the time the sound or visual recordings are taken.

2. There be liberty to apply in relation to this order

3. Costs reserved.

pox


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