9 September 2015 1 .41 Suhiect: E: DPSS Chatwani and Others NCA Dear Sirs The Tribunal has considered the application for an Unless Order relating to non-compiiance with Its previous order; 1. it is declared that Paragraph 7 of [he Tribunal's Order of 24 July 2015 only related to dissemination to third parties. Thai is plain and obvious (and see eg. Paras 12 and 17 of Ms Allmad'switness statement onS August and paragraph a or Mr Casella ofcounsel's Reply on September. 1hr: was not, was not intended to he and could not (at least without argument) have been varied by the direction in the Tribunal secretary's letter of 11 August, which was not in any event an order ofthe Tribunal. Order it is not conduct to be expected by a reputable agency. There must now be served on the Tribunal and the Claimants by 4pm on September 18 2015: 2 The Tribunal is extremely concerned by the mannerirl which the Respondent has failed to compty with that (1) An affidavit by Mr Hickman in accordance with paragraph (1) in the Respondent's letterofl September 2015 and which in any event sets our in clearterms and in one placeiln replacement for all previous affidavits} every occasion or dissemination to a third party, giving particulars ofthe same, but not re exhibiting any documents previously exhibited, and further giving the information sought in paragraph 22 of Mr Casella's Submissions of 8 September (2) An affidavit by Mr Risby in accordance with Para (2) (al orthe said letterand, esto ib),not asthere provided but Stating, in the light of his further enquiries, (if such be the case) that all officers of the Respondent who are in any way cunnected with Operation Heterodon have been contacted and have confirmed that (other than as disclosed) they have not disseminated any ofthe Product of the Authorisation to third parties (3) An affidavit by MrGilligan complying with paragraph 7 of the Order (4) Confirmation that all officers ofihe Respondent in anyway connected with Operation Hetemdon have been provided with a copy or the Order A Statement obtained MS Dorman giving the information sought in paragraph 23 ()er Caseila's said submissions. 3. There has already been more than enough cost incurred by both parties in relation to compliance with the Order and the Tribunal does not intend to add to them by holding a further hearing. If however there is non compliance with this Order by the Respondent, but not otherwise, lhere will he a hearing at 10.30 on September 30 2015 at which the consequences of such failure will be addressed For the avoidance oi doubt the Tribunal does nut make, unless and until there be such further consideration if it arises, the unless older sought by the Claimants. 4. The Respondent is in pay to the Claimants within 14 days ?10,000 in rESpecmf the Claimants' costs incurred as a result of the Respondents' persistent breaches oft'he said Order. The Tribunal, lips theyview that the circumstances are wholly exceptional 5. liberty to both parties tn apply on paper on notice to vary or discharge this Order Kind regards