‘This appeal concerns the way in which, and the extent to which, civil proceedings for injunctive relief against ‘persons unknown’ can be used to restrict public protests.’
Judges:
Sir Terence Etherton MR, Lord Justice David Richards and Lord Justice Coulson
Citations:
[2020] EWCA Civ 303, [2020] 1 WLR 2802, [2020] WLR(D) 137
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Canada Goose UK Retail Ltd and Another v Persons Unknown and Another QBD 20-Sep-2019
Where an interim injunction had been obtained against person unknown, service of the claim to be answered was fundamental to the principles of the judicial system. There is an important distinction between ‘a person’s general awareness of the . .
Cited – South Cambridgeshire District Council v Gammell and Others CA 31-Oct-2005
Where proceedings were brought against unnamed persons and interim relief was granted to restrain specified acts, a person became both a defendant and a person to whom the injunction was addressed by doing one of those acts.
As to capturing . .
Cited by:
Cited – London Borough of Enfield v Persons Unknown and Others QBD 2-Oct-2020
The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order.
Held: The court noted that no person . .
Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Cited – MBR Acres Ltd and Others v McGivern QBD 2-Aug-2022
Contempt Procedures Not to be abused
Reasons for dismissal of contempt application.
Held: The contempt application against Ms McGivern was dismissed and certified as being totally without merit.
The court does not grant injunctions to parties to litigation to be used as a . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 04 August 2022; Ref: scu.648566