On 26 March, CMS Law published this guide which says that injunctions directed against “persons unknown” and particularly how they should properly be identified and served continue to cause difficulties for companies and government bodies involved in projects or industries that are being targeted by environmental activists. 2 recent decisions have considered these issues of identification, service and enforcement when the constituent members of the protesting group is not certain or changes.
The outcome of these cases re-enforce the need to ensure proper service (whether by traditional or alternative means) as it is that, rather than detailed knowledge of the terms, which is key to establishing a potential breach for enforcement purposes. They also provide guidance on the balance to be struck between the interests of the parties, enabling protests whilst protecting business interests.
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