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The Byrdz
Trespassers – unknown Print
Do remember that it is possible to get an injunction against unknown or nameless people.

For instance, Onyx knew they were going to be targeted during a ‘global day of action against incinerators’; it was known that the protesters would come early and be well prepared, and that the business would be affected. In effect, Onyx knew they were to be targeted – they knew roughly where, and roughly when but they did not know by whom. They managed to get an injunction against ‘persons entering or remaining without the consent of the claimants in connection with the “global day of action against incinerators” (or similarly described event) all around 14 July 2003’.

Since there was no specific person who could be served with the notice, the court permitted fixing the order to posts around the site and, once fixed, the order was considered served. Those who are fairly sure that they are likely to be to target of a protest could well find this a useful precedent. See note on Hampshire Waste Services v Persons Unknown [2003] EWHC 1738, noted in [2003] EG 22 November 149. © Practical Lawyer

December 2003
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