National Highways Limited v Person Unknown & Anor

National Highways Limited v Person Unknown & Anor

It is not necessary for a claimant to prove that each defendant has already committed the relevant tort before a final anticipatory injunction can be granted. The correct test is whether there is a real and imminent risk of the tort being committed and whether the defendants have no real prospect of successfully defending the claim. The lack of engagement or defence by the named defendants supports the grant of summary judgment and a final injunction. The court also has jurisdiction to grant final injunctions against persons unknown where the risk is established.

Parties
Appellant: National Highways Limited; Respondent: Persons Unknown; Respondent: Alexander Rodger and 132 Others
Jurisdiction
England and Wales
Judgment Date
23 February 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Summary Judgment and Injunctions
Outcome
appeal allowed
Legal Topics
Anticipatory Injunctions, Summary Judgment, Protest Law, Persons Unknown, Public Nuisance, Trespass, Private Nuisance
Civil Procedure Tort Law Public Law Anticipatory Injunctions Summary Judgment Protest Law Persons Unknown Public Nuisance +2 more

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Parties

National Highways Limited

Appellant

Persons Unknown

Respondent

Alexander Rodger and 132 Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Summary Judgment and Injunctions

Legal Issues

  1. 1 Whether a final anticipatory (quia timet) injunction can be granted against named and unknown defendants absent proof of past torts
  2. 2 Whether summary judgment for a final injunction requires proof of past torts by each defendant
  3. 3 Whether the court has jurisdiction to grant final injunctions against persons unknown

Ratio Decidendi

It is not necessary for a claimant to prove that each defendant has already committed the relevant tort before a final anticipatory injunction can be granted. The correct test is whether there is a real and imminent risk of the tort being committed and whether the defendants have no real prospect of successfully defending the claim. The lack of engagement or defence by the named defendants supports the grant of summary judgment and a final injunction. The court also has jurisdiction to grant final injunctions against persons unknown where the risk is established.

Court Disposition

appeal allowed

Orders

  • Final anticipatory injunction granted against the 109 named defendants and persons unknown, subject to removal of references to 'tunnelling within 25m of the Roads'.
  • Review hearing in the High Court to determine whether the injunctions should be continued or discharged in light of future developments.