Brie Stevens-Hoare QC and Steven Woolf discuss injunctions against persons unknown/quia timet and in particular:
- The differences between applying for orders over public and private land
- What evidence the court requires and whether there are differences for owners of private rather than public land
- The development of the types of order which succeed at court
- The making of an order against someone who is only becomes a defendant when they do a future act and the application of CPR Rule 40.9
- The importance of giving notice of the order
- The extent to which these applications and orders are increasing in volume
Case citations:
- Vastint Leeds BV v Persons Unknown Entering or Remaining Without Consent of the Claimant on Land and Buildings Comprising Part of the Development Site Known as the Former Tetley Brewery Site, Leeds [2018] EWHC 2456 (Ch)
- Boyd v Ineos Upstream Ltd & Ors[2019] EWCA Civ 515
- Waltham Forest Borough Council –v- Persons Unknown [2018] EWHC 24
