EPISODE · Aug 13, 2019 · 25 MIN
Injunctions against persons unknown
from The Gatehouse Chambers Legal Podcast · host Hardwicke
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 landWhat evidence the court requires and whether there are differences for owners of private rather than public landThe development of the types of order which succeed at courtThe making of an order against someone who is only becomes a defendant when they do a future act and the application of CPR Rule 40.9The importance of giving notice of the orderThe extent to which these applications and orders are increasing in volumeCase 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 515Waltham Forest Borough Council –v- Persons Unknown [2018] EWHC 24
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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
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Injunctions against persons unknown
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