KB-2024-004175 - [2025] EWHC 2050 (KB)
Fecha: 01-Ago-2025
Review of the Injunction against Persons Unknown
Review of the Injunction against Persons Unknown
As I have stated at Paragraph 49 (above) I accept the submissions of the Claimant that in reviewing the Order against Persons Unknown I am not required to make fresh Wolverhampton and Ziegler assessments; the Court has previously been satisfied of those requirements and the Valero procedural requirements before granting interim relief.
On review I am satisfied that there are no grounds for the discharge or variation of the relief against Persons Unknown as granted previously (subject to one minor amendment to one of the terms of the final Order that gives proper effect to a right of way running through the Claimant’s land). The factual analysis and reasoning that justifies the making of the final Order against the Named Defendants applies equally to the need for an Order against defined categories of Persons Unknown. Even if I had been satisfied that I was required to make a fresh assessment I would have been satisfied that an Order against Persons Unknown was justified on the evidence that I have read and considered and the conclusions I have reached upon it.
- Heading
- Section 1
- The Claim
- Factual Background
- Procedural History
- This Application
- Procedural Requirement – Notice of the Hearing
- The Law
- Article 10 and Article 11 rights: proportionality
- Article 10 and 11 rights: Trespass
- Persons Unknown
- Evidence
- Decision
- Requirements for the Grant of a Final Injunction
- Articles 10 and 11 of the ECHR
- Review of the Injunction against Persons Unknown
- Form of Order
- Length of the Order
- Conclusion
- Postscript: Costs Order D19 and D20
- ANNEXE A
- and
- Defendants
- For the purpose of this Order
- INJUNCTION Until and including 25 July 2030, the First to Seventh Defendants , Eighth to Eleventh Defendants (Persons Unknown), Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defend
- Service and notification Pursuant to CPR rules 6.15 and 6.27, the Claimant has permission to serve the First to Seventh Defendants, Fourteenth Defendant, Sixteenth Defendant, Seventeenth Defendant, Nineteenth Defendant and th
- Liberty to Apply
- The Order against the Eighth to Eleventh Defendants (Persons Unknown) shall be reviewed at a hearing no later than 25 July 2026 (or as near to that date as the court can reasonably accommodate), with
- All communications with the Court about this Order should be sent to [email protected] or Room E03 Royal Courts of Justice, Strand, London WC2A 2LL. The Telephone number is 020 3938
- Costs
- No Order as to costs against the Eighth to Eleventh Defendants (Persons Unknown) Dated 25 July 2025
- Interpretation of this Order In this Order, references to ‘the Defendant’ means any or all of them (unless expressly stated otherwise)
- An Order requiring ‘the Defendant’ not to do anything applies to all Defendants Conclusions