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 people as defendants by operation of the definition of ‘persons unknown’, Sir Anthony Clarke MR explained: ‘In each of these appeals the appellant became a party to the proceedings when she did an act which brought her within the definition of defendant in the particular case. Thus in the case of WM she became a person to whom the injunction was addressed and a defendant when she caused her three caravans to be stationed on the land on 20 September 2004. In the case of KG she became both a person to whom the injunction was addressed and the defendant when she caused or permitted her caravans to occupy the site. In neither case was it necessary to make her a defendant to the proceedings later.’
Judges:
The Master of the Rolls,
(Sir Anthony Clarke),
Lord Justice Rix,
Lord Justice Moore-Bick
Citations:
[2005] EWCA Civ 1429, [2006] 1 WLR 658
Links:
Jurisdiction:
England and Wales
Cited by:
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. . .
Cited – Canada Goose UK Retail Ltd and Another v Unknown Persons CA 5-Mar-2020
‘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.’ . .
Cited – Boyd and Another v Ineos Upstream Ltd and Others CA 3-Apr-2019
Appeal from injunctions to Ineos Upstream Limited and various subsidiaries of the Ineos Gropu as well as certain individuals. The injunctions were granted against persons unknown who are thought to be likely to become protesters at sites selected by . .
Cited – London Borough of Barking and Dagenham and Another v Persons Unknown and Others CA 13-Jan-2022
Cases in which local authorities have sought interim and sometimes then final injunctions against unidentified and unknown persons who may in the future set up unauthorised encampments on local authority land. These persons have been collectively . .
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.
Planning
Updated: 04 August 2022; Ref: scu.470692
