Bloomsbury Publishing Group Ltd. & Anor v News Group Newspapers Ltd. & Ors [2003] EWHC 1205 (Ch) (23 May 2003)

Bloomsbury Publishing Group Ltd. & Anor v News Group Newspapers Ltd. & Ors [2003] EWHC 1205 (Ch) (23 May 2003)

The Civil Procedure Rules do not require that a defendant be named, only that they 'should' be, and allow for sufficient variation in form. Orders may be made against persons described by a sufficiently certain description, and such orders are binding on those who fall within the description and have notice. The objections in Friern Barnet UDC v Adams and Re Wykeham Terrace do not apply under the current procedural regime.

Citation
[2003] EWHC 1205 (Ch)
Parties
Claimant: Bloomsbury Publishing Group Limited; Claimant: J. K. Rowling; Defendant: News Group Newspapers Ltd; Defendant: Person or Persons Unknown; Defendant: Donald Parfitt; Defendant: Gary Cox; Defendant: E. J. Barnes; Defendant: Park
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Civil / Interlocutory Application for Continuation of Injunction/order
Outcome
Order granted
Legal Topics
Injunctions Against Persons Unknown, Procedural Requirements for Party Identification, Copyright Infringement, Contempt of Court
Civil Procedure Intellectual Property Injunctions Against Persons Unknown Procedural Requirements for Party Identification Copyright Infringement Contempt of Court

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Parties

Bloomsbury Publishing Group Limited

Claimant

J. K. Rowling

Claimant

News Group Newspapers Ltd

Defendant

Person or Persons Unknown

Defendant

Donald Parfitt

Defendant

Gary Cox

Defendant

E. J. Barnes

Defendant

Park

Defendant

Procedural Posture

Civil / Interlocutory Application for Continuation of Injunction/order

Legal Issues

  1. 1 Whether the court can grant injunctive relief against defendants described other than by name under the Civil Procedure Rules
  2. 2 Whether the description of 'persons unknown' is sufficiently certain to found an order binding in law

Ratio Decidendi

The Civil Procedure Rules do not require that a defendant be named, only that they 'should' be, and allow for sufficient variation in form. Orders may be made against persons described by a sufficiently certain description, and such orders are binding on those who fall within the description and have notice. The objections in Friern Barnet UDC v Adams and Re Wykeham Terrace do not apply under the current procedural regime.

Court Disposition

Order granted

Orders

  • Order continued against persons unknown as described: 'the person or persons who have offered the publishers of the Sun, the Daily Mail, and the Daily Mirror newspapers a copy of the book 'Harry Potter and the order of the Phoenix' by JKRowling or any part thereof and the person or persons who has or have physical...