ADVSUB in person MARCH 2024 IS BVS

BAR VOCATIONAL STUDIES

ADVOCACY SUBMISSIONS
ASSESSMENT

MARCH 2024

SHERIDAN’S PIT SWIMMING CLUB

LIMITED
V
NEWCYCLING LIMITED

INSTRUCTIONS TO STUDENTS

© City, University of London 2024

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 ADVSUB in person MARCH 2024 IS BVS

THE CITY LAW SCHOOL

BAR VOCATIONAL STUDIES COURSE

ADVOCACY SUBMISSION ASSESSMENT 2023-24

INSTRUCTIONS TO STUDENTS

1. Check carefully that your papers have no missing pages. You should have

(a) These Instructions to Students (6 pages)

(b) Brief to Counsel (1 page)
(c) Application Bundle (19 pages)

2. Consider your papers in the case of Sheridan’s Pit Swimming Club Limited v
Newcycling Limited. Prepare the case carefully and thoroughly, doing such legal
research as you consider necessary. Imagine the date of the hearing of the application
to be 20 March 2024.

3. Draft a skeleton argument in support of your application. Do not use your own name
on your draft. An electronic copy of this must be submitted to Moodle by 3:00 pm/
15:00 GMT on 8 March 2024. Instructions on how to do so are as follows (please note
that there is no need to include a declaration sheet):

o Open the BVS Central module 2023/24, scroll down to the Assessments
Information section and click on ‘Advocacy Submissions - Skeleton Argument
Inbox’.

o Once open, click Add submission and browse to find your file and follow the
instructions accordingly.

o Please ensure that you click ‘Save Changes’ before exiting.

o IT IS ABSOLUTELY VITAL THAT YOU USE YOUR CANDIDATE NUMBER

AND THE ASSESSMENT NAME AS THE FILE NAME OF YOUR
SUBMISSION. SO, IF YOUR CANDIDATE NUMBER IS 4500, PLEASE
NAME YOUR FILE: 4500 ADVOCACY SUBMISSIONS.

Warning: Except in accordance with Assessment Regulation 11.2, late

submission is not permitted. Work submitted after the deadline on 8 March
2024 will not be marked under any circumstances and you will be deemed as
being absent from the assessment.

YOU WILL NOT BE PERMITTED TO SUBMIT ANOTHER OR REVISED

SKELETON AT THE ASSESSMENT OR AT ANY OTHER TIME.

4. Any authorities on which you rely otherwise than by reference to the White Book
should be INCLUDED AT THE END OF your skeleton argument. For the assessment
you are permitted to include only the headnote and relevant page(s) of any

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judgments to which you wish to refer the judge. Details of how to do this are in
the Assessment section of the Advocacy Submissions module on Moodle.

5. The assessor taking the role of the judge will have with them the skeleton argument
that you submitted and a current version of the White Book.

6. You are permitted to annotate your own copy of your skeleton argument and/or make
notes which will assist you in making your submission. These notes are for your use
only. DO NOT SUBMIT ANY NOTES OR ANNOTATED SKELETON ARGUMENT
AFTER THE ASSESSMENT. The assessor will not accept any submission made after
the assessment.

7. To access your appointment time on Moodle open the BVS Central 2023/24 module
and click on ‘Grades’ at the top of the screen. Your appointment date and time and will
show in the ‘Feedback’ column for the relevant assessment. Please note these
details very carefully. The venue will be confirmed to you separately by email.

8. If you are a student with a Learning Success agreement in place the appointment time
shown on Moodle allows for your agreed arrangements.

9. Attend for the assessment on the date and at the time which were notified to you. Bring
your Brief, Application Bundle and these instructions, your copy of the skeleton
argument, your copies of your authorities, a copy of the relevant volume(s) of the White
Book, and any personal notes you may wish to use in the application. You must use
the White Book for references to the CPR and relevant principles.

10. Look carefully at the note below which tells you what materials you may and may not
have with you during the assessment.

11. For this assessment, the role of the judge will be played by a member of the School’s
academic staff. The judge will ask you questions and make interventions.

12. At the assessment you will have 15 minutes to make your submissions. You should
aim to cover the key points and issues that you would wish to raise with the judge
during those 15 minutes. If, however, you fail to finish within that time you will not be
penalised provided you have fulfilled the assessment criteria. Remember that you can
be penalised for inefficient use of time.

13. You may assume that the judge has had 10 minutes before the hearing to read the
papers in the case and your skeleton argument.

14. The Assessment will be carried out at City, University of London. You should be seated
when you make your application.

15. You will be taken to a recording room, where you will make your submission seated,
in front of an assessor who will take the role of the judge.

16. Your performance will be recorded on a computer by a technician who will also be sat
in the recording room.

17. As soon as the recording commences, state your candidate number (not your name).
Then immediately start your submission.

18. Once the technician starts the recording, you cannot ask for it to be stopped and
restarted. Nor may you ask the assessor to disregard any part of the performance.
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19. At the end of the 15 minutes the recording will be stopped. You are not obliged to use
all your time if you do not need it.

20. Does it matter if I don’t finish? No – providing you satisfy the criteria, there is no
requirement that you finish. The Assessment is not a race. Top grade students have
failed to finish in the past. However, remember that you can, and will, lose marks for
poor time management, e.g. repetition, dealing with irrelevant evidence, failing to think
quickly on your feet, and so on.

21. As soon as the recording is finished, you will be asked to leave the room. Please leave
the recording room promptly. The assessor will not communicate with you. You may
keep these papers.

22. Note carefully the warning that follows.

WARNING – CHEATING AND PLAGIARISM

Remember that the work which you submit for this assessment must be entirely your
own. Otherwise you will be guilty of cheating and/or plagiarism under the Assessment
Regulations.

Note carefully the declaration printed on the cover sheet which you have to sign before
you hand in your work.

If you are in doubt as to what constitutes cheating and plagiarism, re-read Assessment
Regulation 16 in the BVS Programme Handbook and the guidance notes contained in
the Handbook.

In the past, students have been caught cheating and/or plagiarising. The penalties are
severe and include disciplinary action by your Inn and/or expulsion from the BVS
and/or exclusion from future assessments. You are putting your career in jeopardy if
you cheat or plagiarise.

MATERIALS THAT MAY BE USED IN THE ASSESSMENT

Use of mobile telephones is not permitted in any assessment. Please ensure they are
switched off prior to entering the recording room.

Materials:

The following can be accessed in hard copy (so brought into the recording room) or
electronically:

· Any personal written or type-written work undertaken, or any photocopies or printouts

made, in preparation for the tutorials on the module.

· A copy of the assessment papers.

· Any handouts, grids, guides, and sample answers as provided on Moodle.

· English language and English language/foreign language dictionaries.

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You can also bring a calculator or access the calculator on your laptop.

Manuals can be accessed using the electronic copy only (hard copies of these are not
permitted – unless this is stipulated as an entitlement by way of a support plan).

Blackstone’s Criminal Practice can be accessed in hard copy (so brought into the exam
venue) or electronically.

The White Book (only Vols. 1 and 2) can be accessed in hard copy only.

If using electronic resources, rather than hard copy notes etc., you are advised to download
notes (if saved online), Moodle content and PDF versions of manuals in advance of the
assessment. This will save time, reduce the need to rely on Wi-Fi connectivity and slow the
rate of laptop battery consumption. For the same reason, you may prefer to use the hard
copy of Blackstone’s Criminal Practice rather than relying on the online format (Blackstone’s
is available online but not downloadable as a PDF).

Whilst you are permitted to access a range of materials during the assessment, you are
advised to have completed your preparation in advance.

Once you have reported to the chief invigilators in the Rhind Building, if you are going to use
your laptop, we advise you to switch it on and connect to the Wi-Fi at that point and open
any document and/or electronic resources you require ready to begin when instructed.

Once in the recording room, please arrange your laptop and materials as quickly as possible
and be ready to proceed when the invigilator asks you to do so.

You can make notes on paper or electronically during the assessment.

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Advocacy: Submissions

Assessment Criteria

1) Content of skeleton argument (20%)

(i) Identifies relevant issues of law and fact and makes clear to the court
how they want them to be decided;
(ii) Sets out a sustainable argument on each issue;
(iii) Cross-refers to the evidence.

2) Structure of skeleton argument (10%)

(i) Written in clear grammatical English;
(ii) Is concise and accurate;
(iii) Complies with appropriate formalities.

3) Content and persuasiveness of oral performance (30%)

(i) Demonstrates an understanding of relevant law and procedure in both
oral submissions and responses to questions;
(ii) Applies the relevant principles and rules of procedure;
(iii) Deals with judicial intervention;
(iv) Appropriate use of skeleton argument, written evidence and all other
relevant documentation;
(v) Complies with appropriate formalities;
(vi) Identifies relevant issues of law and fact;
(vii) Identifies and sets out the relevant test(s) to be applied by the court;
(viii) Highlights the strengths, and seeks to explain or justify the weaknesses
of the client’s case.

4) Structure of oral performance (20%)

(i) Follows a clear, logical order;
(ii) Uses time effectively;
(iii) Gives appropriate weight to issues;
(iv) Appropriate use of signposting.

5) Delivery (20%)
(i) Appropriate volume;
(ii) Appropriate tone;
(iii) Appropriate manner;
(iv) Appropriate pace;
(v) Appropriate language;
(vi) Speaking clearly/fluently;
(vii) Eye contact;
(viii) Not over-reliant on notes.

Note that a student will fail a skills assessment if it is found that they have committed
a “fatal flaw”, even if they have otherwise gained sufficient marks in order to pass. A
fatal flaw could be, but is not limited to:
· A significant and grave error of law or procedure;
· An error in legal or case analysis that is so clearly incorrect that it would put
the interests of the client(s) at risk;
· An error in legal or case analysis that is so clearly incorrect that is puts the
barrister at risk of liability for negligence or a disciplinary finding.

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IN THE MATTER OF PROPOSED PROCEEDINGS

BETWEEN:

SHERIDAN’S PIT SWIMMING CLUB LIMITED

Applicant

and

NEWCYCLING LIMITED

Respondent

___________________________________

BRIEF TO COUNSEL
__________________________________

Counsel is thanked for taking this matter at such short notice.

Instructing Solicitors provide regular advice to a local swimming club at Sheridan’s Pit.
The club has planned to hold an event tomorrow late afternoon and are concerned
that the water quality, recently discovered to contain leachate, will result in a risk to
health of participants. They are also concerned about the impact on wildlife. They have
identified a link with activities of their neighbour the Respondent, hence the
application.

Counsel is instructed to draft a skeleton argument and appear at 10.30 am, tomorrow
22nd March, at Summerton County Court before a Circuit Judge to seek an interim
injunction in the terms set out in the draft Order. Instructing Solicitors will be present.

This is an application made without the usual formal notice due to the urgency of the
matter. The Respondent has been informed by telephone but will not, to the best of
our knowledge, be present.

Finally, Instructing Solicitors have, in the last hour, been able to speak by telephone
to the Swimming Club’s directors – of whom there are four – all of whom are willing to
provide personal guarantees to fortify an undertaking, if so required.

Counsel is asked to use best endeavours.

Jenny Jerrom
Jerrom LLP
21 March 2024

© City, University of London 2024

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IN THE MATTER OF PROPOSED PROCEEDINGS

BETWEEN:

SHERIDAN’S PIT SWIMMING CLUB LIMITED

Applicant

and

NEWCYCLING LIMITED

Respondent

___________________________________

APPLICATION BUNDLE
__________________________________

Application Notice ……………………………………………………………………………2-5

Draft order……………...……………………………………………………………………. 6-7
Witness Statement of Ms Acqua Oliver with Exhibits……………………………… 8-19
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Click here to reset form Click here to print form

Application for injunction Name of court
SUMMERTON COUNTY COURT
(General form)
Case no.
Applicant’s
Sheridan's Pit Swimming Club Limited
name or
serial no.
Respondent’s Newcycling Limited
name and ref.

Fee charged/
Remission ID

Tick whichever box

By application in pending proceedings applies and specify
legislation where
Under Statutory provision appropriate

Does this application raise issues under the Human Rights Act 1998? Yes No

Sheridan's Pit Swimming Club Limited (1) Enter the full

The applicant(1) name of the
person making
the application
applies to the court for an injunction order in the following terms:
(2) Enter the full
That the respondent(2) Newcycling Limited name of the
person the
injunction is to
be forbidden (whether by himself or by instructing or encouraging any other person(3)) be directed to
(3)

Set out here the

proposed terms
That it be forbidden from carrying out high speed waste composting or processing any other material of the injunction
within 3 metres adjacent to Sheridan’s Pit Lake until midnight on 22 March 2024; order

That it be forbidden from deliberately or recklessly discharging any material injurious to health into
the lake until further notice.

And that the respondent(4) (4) Set out here

any proposed
That, within 14 days, it do carry out an assessment of the water quality of Sheridan’s Pit, jointly with mandatory
orders requiring
the Claimant. acts to be done

And that(5) (5) Set out here

any further
The Respondent do pay the Claimant's costs of this application. terms asked
for including
provision for
costs

The grounds of this application are set out in the written evidence of(6) (6) Enter the
names of all
persons who
have sworn
affidavits
or signed a
statement in
support of this
application
 BVS-ADVSUB-Mar2024-CP2

Acqua Oliver

sworn (signed) on

21 March 2024

FP3 - Application for injunction (General form) (11.14) ©Crown copyright 2014
 BVS-ADVSUB-Mar2024-CP2

This written evidence is served with this application.

This application is to be served upon(7) (7) Enter the

names and
Mr Mike Bottle addresses of
Newcycling Limited all persons
upon whom
Long Road
it is intended
Summerton to serve this
SM1 5GT application.

This application is filed by (8) Jenny Jerrom (8) Enter the full
name and
address for
(the solicitors for) the applicant whose address for service is service and
delete as
31 Western Avenue required.
Summerton
SM8 1FY

Solicitor’s fee
account no.

Signed Dated 21 March 2024

This section to be completed by the court

To* * Name and address

of the person
application is
directed to

of
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This application will be heard by the (District) Judge

at

on (date) Time

If you do not attend at the time

shown the court may make an
injunction order in your absence

If you do not fully understand this

application you should go to a
Solicitor, Legal Advice Centre or a
Citizen’s Advice Bureau

© City, University of London 2023

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IN THE COUNTY COURT

BETWEEN:

SHERIDAN’S PIT SWIMMING CLUB LIMITED

Applicant

and

NEWCYCLING LIMITED

Respondent

______________________________________________________________

Draft / ORDER FOR AN INJUNCTION BEFORE ISSUE OF A CLAIM FORM

______________________________________________________________

Notice to the Respondent:

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 or sent
to prison or fined or your assets may be seized.

An Application was made on 22 March 2024 by Counsel on behalf of the Applicant,

Sheridan’s Pit Swimming Club (who is to be the Claimant in a Claim against the
Respondent, Newcycling Limited) to the Judge, who heard the Application supported
by the Witness Statement of Acqua Oliver and accepted the undertakings set out in
this Order.

IT IS ORDERED that up to and including [ date (“the return date”)]

1.The Respondent be forbidden (whether by itself, its directors, employees or agents

or by instructing or encouraging any other person) from causing a nuisance or
annoyance to the Applicant in any manner whatsoever but in particular:

Prohibitory Order:

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(i) That it be forbidden from carrying out high speed waste composting or
processing any other material within 3 metres adjacent to Sheridan’s Pit
Lake until midnight on 22 March 2024;

(ii) That it be forbidden from deliberately or recklessly discharging any

material injurious to health into the lake until further notice.

Mandatory Order:

2.That, within 14 days, it do carry out an assessment of the water quality of

Sheridan’s Pit, jointly with the Claimant.

Undertakings given to the Court by the Applicant

1. To pay any damages if the court later finds that this Order has caused loss to
the Respondent and decides that the Respondent or any other person should
be compensated by the Applicant for that loss.

2. To serve on the Respondent the Application Notice, Witness Statement and

this Order as soon as practicable.

3. To issue a Claim Form against the Respondent no later than two working
days following this Order and to serve it on the Respondent as soon as
practicable.

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Made on behalf of the Applicant

Witness: A. Oliver
1st Statement of Witness
Exhibits: AO1-6
Dated: 21.03.2024

IN THE COUNTY COURT

IN PROPOSED PROCEEDINGS BETWEEN:

SHERIDAN’S PIT SWIMMING CLUB LIMITED

Applicant
and

NEWCYCLING LIMITED
Respondent

___________________________________________

WITNESS STATEMENT OF ACQUA OLIVER

___________________________________________

1. I am the Secretary of Sheridan’s Pit Swimming Club Limited, Summerton (‘The

swimming club’) which is a company limited by guarantee. I am authorised by
the Board to make this statement in support of its application for an urgent
interim injunction against the Respondent.

2. The members of the swimming club own one acre of land adjoining Sheridan’s
Pit Lake, Summerton (“the lake”) which was purchased in 2018. We use the
land for a small changing room shed, an outside shower and a socialising area.
There is also a landing stage which gives access to the lake itself. I refer to
Exhibit AO1 which is a photograph of the landing stage and the lake.

3. The lake started life as a rubbish dump at the edge of town in around 1575. In
1888 the land was bought as a brickyard. The subsequent diggings may have
released water from underground springs which then flooded the area, and thus
created the lake.

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4. Some time after 1965 the lake was bought by all owners of land bordering the
lake for £13,500 split between them. The various parts of the lakeside were
sold to local houseowners and the lake was used for bathing, boating, fishing
and skating. In 1983, the Respondent bought up the land on the north side of
the lake which had previously been a smallholding. They obtained planning
permission to develop some buildings and, so far as I am aware, all relevant
consents to start ‘green’ recycling operations. I believe they specialise in high
speed composting of waste food and cut flowers. I refer to a sketch plan at
Exhibit AO2.

5. The lake is home to six species of wildfowl. Mallard rest on the pool during the
day. Swans and great-crested grebes and coots are attracted to the reed bed
on the submerged island in the middle of the lake. Sheridan’s Pit is a favoured
feeding ground for them. A roost of 4,000 swallows and pied wagtails frequent
the lake where a colony of reed warblers also build their nests.

6. The lake is an excellent place for wild swimming. The swimming club has about
60 members, who can access the club land directly from the road, and can
swim when they like. They tend to swim more in the summer. Earlier this year,
the swimming club decided to hold a sponsored swimming event, with a race
round the whole of the lake. We limited participants to 100 and we soon filled
up the spaces. We charged £50 per entrant, with 50% of proceeds from their
fee and sponsorship raised to go towards maintenance of the club and 50% to
be directed towards conservation of the lake birdlife. Since the costs of
organisation are negligible, we were hoping to raise much needed funds for the
swimming club. The swimming club own the land which we swim from, which
is worth about £180,000, but our bank account balance is down to about
£4,698. The event is due to take place in the late afternoon of 22 March. We
informed local residents around the lake that we planning to hold an event and
invited them along. No one objected.

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7. Three weeks ago, I swam around the lake to check the measurement of the
course and to identify where to set some buoys as markers. The measurement
and the marking both went well. However, that night I started to feel unwell,
with vomiting and diarrhoea. I also felt very breathless, although as a swimmer
I have strong lungs. My ears felt painful and blocked and I had trouble hearing
my partner. I developed a skin rash all over my body. I was so unwell that I
had to go, late at night, to the Accident and Emergency Department of my local
hospital, St Muirgen’s. I was diagnosed with mild to moderate gastroenteritis
and an ear infection, for which I received treatment. I was also treated with an
inhaler for my breathlessness. The hospital was concerned at my low oxygen
levels, so I was kept in for 24 hours’ monitoring. I refer to at Exhibit AO3 to a
letter from the doctor who saw me in A&E.

8. The only place where I could think of having picked up these infections was the
lake. Through an internet search, I found a water analyst to test the water and
they found traces of leachate in the water. I refer to the report at Exhibit AO4.
I believe this is what made me ill. It creates a risk for our participants.

9. I received the water analyst’s report on Monday 18th March, by which time our
swimming event was less than a week away. My first step as soon as I received
it was to speak to someone at Newcycling face to face. I went to the Newcycling
buildings and asked to speak to the person in charge. A man who gave his
name as Mike Bottle came out. I explained my having taken sick after swimming
and gave him a copy the report from H2O Analysts. He read it carefully and
then said he didn’t think the water quality had anything to do with Newcycling.
I asked to see what works he had near the lake and, rather reluctantly, he took
me to the lakeside. I observed that there was some sort of processing machine
into which material was being fed about two metres from the lakeside and that
the land sloped down to the lake from it.

10. Mr Bottle’s manner was courteous and he gave me his business card but I felt
he was not taking my concerns seriously. He said that any leakage was into
Newcycling’s waters and that the swimming club was on the other side. He said

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that the recycling was from a new high value client who had been sending
material for processing every Friday afternoon and he could not afford to lose
the work, which was very lucrative and worth about £8,000 a week in income.

11. I asked if he could ask that this week’s delivery be delayed but he said the client
would then take its business away. I asked if he could move the processing
machine further from the lakeside and he said that would take several weeks
as specialist contractors would need to be booked to do this. I asked him if
Newcycling would be willing to commission, with the swimming club, a joint
assessment of water quality of the lake. He said Newcycling was carrying out
lawful business on its own land and didn’t see why it should agree to this. I was
pretty dismayed by his response.

12. When I got home, I spoke to the committee and having done so, I set out my
concerns in writing in an email to Mr Bottle a copy of which I append as Exhibit
AO5.

13. I received a response from Mr Bottle by email the next day, a copy of which is
attached as Exhibit AO6.

14. Following receipt of Mr Bottle’s email, on Wednesday 19th March, I called the
Environment Agency to see if they were prepared to help, but they said they
were not aware of any activity which required a permit and that the land and
the lake were private. I also knocked on the doors of the residents around the
lake, but none of them seemed interested. One of them even commented that
the lake was originally a dump anyway.

15. On Wednesday evening, with the permission of the Board, I contacted the
swimming club’s solicitors for advice, which is what prompted this application
for an injunction.

16. On the advice of my solicitors, I telephoned Mr Bottle early Thursday 21st March
to give him one last chance to pause or move his activities or at least agree to
carry out a joint assessment of water quality.

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17. This application is made without notice because of the urgency of the matter. If
Newcycling begins processing material on Friday 22nd March, there is a serious
risk that the lake will be contaminated when the swimming club event is due to
take place that afternoon. I believe that my solicitor also telephoned Newcycling
yesterday to inform Mr Bottle of this application. He told her he was busy and
that this application was a waste of time.

18. The swimming club is willing to give an undertaking in damages to protect the
Respondent, if it were to turn out that the injunction had been wrongly made
and had caused them loss.

19. In the circumstances, I believe that unless immediately restrained by this court
the Respondent will go ahead with its high speed composting activity on Friday
22nd March, causing damage to the wildlife and water quality of the lake, and
leaving us the unhappy choice of potentially causing personal injury to
participants or cancelling our fundraising event, with economic damage to the
swimming club. I ask that the injunction be granted in the terms of the draft
order. In particular, I seek an immediate cessation of activity adjacent to the
lake for a limited period of time which will allow us to conduct our event safely.
Beyond that, I seek an order from the court temporarily prohibiting deliberate
or reckless discharge of any material into the lake, because of its potential harm
to wildlife, to remain in force until such time as we have carried out a jointly
conducted assessment of water quality, and subject to a satisfactory report
following assessment.

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true. I understand that
proceedings for contempt of court may be brought against anyone who makes, or
causes to be made, a false statement in a document verified by a statement of truth
without an honest belief in its truth.

© City, University of London 2023

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SIGNED

Dated 21 March 2024

© City, University of London 2023

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EXHIBIT AO1: PHOTOGRAPH TAKEN FROM SWIMMING CLUB OF SHERIDAN’S

PIT LAKE TOWARDS THE CENTRE OF THE LAKE

© City, University of London 2023

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EXHIBIT AO2: ROUGH SKETCH PLAN OF SHERIDAN’S PIT LAKE AND

ADJACENT LANDS

© City, University of London 2023

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EXHIBIT AO3

SAINT MUIRGEN’S HOSPITAL, SUMMERTON

To whom it may concern

Acqua Oliver
Date of Birth: 04.07.2000
NHS Number:
Hospital Number: 141017

Ms Acqua Oliver presented on an emergency basis to St Muirgen’s on Friday 1st March

2024 with a skin rash, sickness and diarrhoea, earrache and breathlessness. She had
symptoms of discomfort, recurring bouts of skin allergy and some pain. I observed an
element of toxicosis in her and informed her of this on 1 March, but on the clinical data
presently available to me, I was unable to conclude what toxins caused the poisoning.
I would recommend referral to a toxicologist.

I have referred to the notes I made at the time.

Details of medical treatment:

According to the medical records, Acqua Oliver was admitted to our Accident &
Emergency Department on 1 March 2024 with mild to moderate gastroenteritis, a
severe and painful skin rash, and an ear infection. She also presented with
breathlessness.

I concluded that Acqua was exposed to some form of water-borne infection. This is the
most appropriate conclusion to draw from the characteristics of the respiratory
difficulties she had. It is also consistent with the ear-infections and skin rash which
she experienced.

Oxygen was administered to Ms Oliver for the breathlessness. She was treated with
antibiotics and antihistamines for her infections and her rash. She was discharged
after 24 hours stay in hospital. I saw her for review a week later when she appeared
to have recovered, apart from persistent outbreaks of her rash when in contact with
water.

Michael Fernandes
Dr Michael Fernandes
B.Sc. (Hons), M.B.B.S., F.R.C.S.
Consultant

15th March 2024

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EXHIBIT AO4

H2O ANALYSTS
18th March 2024

Sheridan’s Pit

Thank you for the instructions to carry out water analysis.

During my visit last Thursday and Friday afternoons to your swimming club premises
and lake, I retrieved samples of water from various parts of the lake, and samples of
soil from the sides of the lake and from some of the shallower parts of the lake. In parts
the lake is very deep and I was unable to reach the bottom. I am writing to confirm
that our systems have detected levels of toxic leachate in each sample.

The levels in the samples taken on Friday are much higher than those present in the
sample taken on Thursday. In my opinion, the levels of contaminant in Thursday’s
sample, while not ideal, would not present a serious risk to health or wildlife. They
appear to be traces only.

The samples I took on Friday are different. They contain high levels of toxic material
which in my opinion is harmful to humans and to wildlife. In my opinion, this could be
caused by excessive activity within a particular timespan which means any draining
systems to contain leachate are overriden.

I observed that the lake was large and that toxic elements were not present in equal
density in samples taken from different areas. However, they were present in all areas
of the lake, including in the water near your club’s landing stage.

My conclusion is that the material is able to dissipate in the short-term, given the
volume of the lake. However, this is not sustainable long-term in that the material will
accumulate in the lake and is liable to spread if released repeatedly.

I would advise that a detailed assessment be carried out of the water as soon as
possible, in order to ascertain more details, and the source of this leachate.

Kind regards,

Julie Jones
Julie Jones

MSc (Advanced Water Management)

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EXHIBIT AO5

from: acquao@sheridanspitswim.org
to: Mike.Bottle@newcycling.com
date:March 18, 2024
subject: Poisoning our lake

Dear Mr Bottle,

Thank you for showing me around your facility today, but having discussed the matter
with the swimming club directors, we are putting in writing our concerns about the effect
which your activities are having on the lake at Sheridan’s Pit.

During my visit, I observed a processing unit into which waste food and vegetable
material was being fed. It was placed very close to the lakeside and I did not receive
from you any reason why that was necessary. My observation was that it was likely
that waste from the process could easily leak into the lake. You told me that you had
drainage systems and also that on Fridays, you were particularly busy because of a
big weekly consignment from a new client.

As I informed you, I was hospitalised after swimming round the lake on 1 March. I
believe that unless you move or pause your processing, a clear risk is created to the
health of our participants in the planned swimming event this Friday. You told me that
you did not have problems with the swim event happening but that you could not
change operations now as your client was a global business.

Quite apart from risk to human health, there is a clear risk of harm being created to the
treasured wildlife on the lake.

You commented on the brevity of the water analyst’s report. I therefore invite you to
carry out with the club a joint analysis of the water quality in the lake so that we can
identify any harmful or potential harmful effects which may be emanating from the land
surrounding it.

I look forward to hearing from you,

Kind regards,

Acqua Oliver

© City, University of London 2023

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EXHIBIT AO6

from: Mike.Bottle@newcycling.com
to: acquao@sheridanspitswim.org
date:March 19, 2024
subject: Your email of yesterday

Dear Ms Oliver,

I do not think it is helpful to carry on a long correspondence about these matters. While
Newcycling is happy for the swimming event which you mentioned to take place, we do not
propose to disrupt our own activities. As you rightly mention, the work we will carry out on
Friday is for a new client who provides us with valuable income in this difficult economic
climate. We cannot afford to refuse his business.

From
Mike Bottle
Chief Operating Officer
Newcyling Limited
Awarded:GreenChampions2023

© City, University of London 2023

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