ISSUES OF IDENTIFICATION, SERVICE AND ENFORCEMENT OF INJUNCTIONS AGAINST “PERSONS UNKNOWN”

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.

https://www.cms-lawnow.com/ealerts/2021/03/trespassers-beware-issues-of-identification-service-and-enforcement-of-injunctions

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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