Vastint Leeds BV v Persons Unknown

Vastint Leeds BV v Persons Unknown

A final quia timet injunction may be granted against persons unknown where there is a strong probability of future trespass and the resulting harm would be grave and irreparable, provided the class of defendants is sufficiently defined and the order is not wider than necessary. The evidence established a real risk of trespass by caravans and illegal raves, justifying tailored injunctive relief.

Parties
Claimant: Vastint Leeds B. V.; Defendants: Persons Unknown entering or remaining without the consent of the Claimant on land and buildings comprising part of a development site known as the Former Tetley Brewery Site, Leeds
Jurisdiction
England and Wales
Judgment Date
24 September 2018
Procedural Posture
Civil Property/chancery / Final Hearing on Application for Final Injunction
Outcome
Final injunction granted in part; interim relief extended; directions for tailored final order
Legal Topics
Quia Timet Injunctions, Proceedings Against Persons Unknown, Trespass, Interim and Final Injunctive Relief
Property Law Civil Procedure Quia Timet Injunctions Proceedings Against Persons Unknown Trespass Interim and Final Injunctive Relief

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Parties

Vastint Leeds B. V.

Claimant

Persons Unknown entering or remaining without the consent of the Claimant on land and buildings comprising part of a development site known as the Former Tetley Brewery Site, Leeds

Defendants

Procedural Posture

Civil Property/chancery / Final Hearing on Application for Final Injunction

Legal Issues

  1. 1 Whether a final quia timet injunction should be granted against persons unknown to restrain trespass on the claimant's property
  2. 2 Whether proceedings and orders can be made against persons unknown defined by future acts
  3. 3 Whether the risk of trespass is sufficiently imminent and grave to justify final injunctive relief

Ratio Decidendi

A final quia timet injunction may be granted against persons unknown where there is a strong probability of future trespass and the resulting harm would be grave and irreparable, provided the class of defendants is sufficiently defined and the order is not wider than necessary. The evidence established a real risk of trespass by caravans and illegal raves, justifying tailored injunctive relief.

Court Disposition

Final injunction granted in part; interim relief extended; directions for tailored final order

Orders

  • Quia timet injunction to be granted against persons unknown seeking to establish more than temporary occupation or organising/participating in raves on the Site, subject to tailored drafting.
  • Interim relief extended to 30 September 2018 or further order.