The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person.
Held: The court was able to make the order sought against persons unknown. There were valid distinctions between different classifications of such persons, but the requirement was that the description used must be sufficiently certain as to identify both those who are included and those who are not. If that test is satisfied then it does not matter that the description may apply to no one or to more than one person nor that there is no further element of subsequent identification whether by service or otherwise.
Following the introduction of the CPR, there was no requirement that a defendant must be named in proceedings against him/her/it, but merely a direction that the defendant should be named (if possible): ‘The crucial point, as it seems to me, is that the description used must be sufficiently certain as to identify both those who are included and those who are not. If that test is satisfied then it does not seem to me to matter that the description may apply to no one or to more than one person nor that there is no further element of subsequent identification whether by service or otherwise.’
The Vice-Chancellor, Sir Andrew Morritt
[2003] EWHC 1205 (Ch), Gazette 17-Jul-2003, Times 05-Jun-2003, [2003] 1 WLR 1633
Bailii
England and Wales
Citing:
Distiunguished – Friern Barnet UDC v Adams CA 1927
The plaintiff sought the cost of certain streetworks from the relevant frontagers. They did not know their names and issued a writ against ‘the owners of’ certain land clearly identified by name. It was pointed out that only owners of that land at . .
Cited – In Re Wykeham Terrace ChD 1971
Squatters had broken into and were in occupation of vacant premises. The plaintiff owner did not know their names. He applied for an order for possession by means of an ex parte originating summons to which there was no defendant. Service was . .
Cited – McPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
Cited – EMI Recurds v Kudhail CA 1985
An order was sought against the defendasnt and unnamed defendants involved in copyright piracy.
Held: The court was prepared to make an order against the named defendant on his own behalf and as representing all other persons engaged in the . .
Cited – Barnett v French CA 1981
The court considered how defendants should be named in court proceedings where their identity was unknown. . .
Cited – Biguzzi v Rank Leisure Plc CA 26-Jul-1999
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which . .
Cited – Stewart v Engel, BDO Stoy Hayward CA 17-May-2000
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against . .
Cited – Attorney-General v Times Newspapers Ltd HL 1991
Injunctions had been granted to preserve the status quo in proceedings brought to prevent the publication of the book ‘Spycatcher’. The defendants published extracts, and now appealed a finding that they had acted in contempt.
Held: The . .
Cited – Acrow (Automation) Ltd v Rex Chainbelt Inc 1971
A person not party to proceedings, but who knows of an order made in them, and assists in its breach or nullifies the purpose of a trial may be liable for contempt. . .
Cited by:
Cited – South Cambridgeshire District Council v Persons Unknown CA 17-Sep-2004
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site.
Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore . .
Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Cited – Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Cited – Cameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Media
Updated: 10 January 2022; Ref: scu.183358
