Person Unknown and Newcomers Flashcards
(15 cards)
Definition of Person Unknown Injunction
A person unknown injunction is a legal order issued against individuals whose identities are not known at the time of application. It is commonly used to prevent harm or enforce rights when the specific persons responsible cannot yet be identified.
What case was the use of person unknown confirmed??
Pepper Finance Corporation (Ireland) DAC v Persons Unknown (2023)
In 2023, the Irish Supreme Court confirmed that Irish courts have the power to grant injunctions against persons unknown.
emphasized should only be issued in exceptional circumstances
when identities of unknown persons become known, the proceedings must be amended to reflect their names.
What is the key case for persons unknown injunctions and what happened??
Pepper Finance Corporation (Ireland) DAC v Persons Unknown (2023)
seeking an injunction to remove unidentified occupants from properties in Dublin.
Court stated that claimant could have made the effort to learn who was
in the properties (even during the proceedings) and so it they would
not grant an injunction against persons unknown here.
Hogan J – there has to be a jurisdiction to grant injunctions against persons unknown as otherwise there would be a premium on anonymity and evasion.
Definition of Newcomer Injunctions?
injunction granted by the court that comes into effect against new people as they committed the enjoined act (eg: the trespass).
As such they are not subject to the injunction and not a defendant in
the original proceeding but become subject to it once they commit the
act against which the injunction protects.
These injunctions prevent future violations rather than addressing past harms.
What is the purpose of Newcomer Injunctions?
used to stop unidentified individuals from engaging in trespassing, protest actions, or unlawful occupation before they actually commit the act. They are preventive rather than reactive.
Why have they arisen?
Normally, an injunction can only be granted against one particular defendant.
injunction evasion—
individuals change parties or identities deliberately to frustrate or circumvent an injunction. This arises in cases involving trespassing, protests, and unlawful occupation, where an injunction is issued against identified individuals, but new parties emerge to replace them, continuing the prohibited actions.
courts developed the newcomer injunction, which restrains not only the named individuals but any future, unknown persons who may take their place.
Newcomer v Persons Unknown
Persons unknown is against parties who currently exist while newcomer could be against parties who dont yet exist.
Have Irish Courts developed newcomer injunctions?
No, closest case is Clare County Council v McDonagh & Anor [2022]
overturned injunction requiring travellers to leave as was a dwelling under Art 40.5 of the Constitution and a “home” under article 8 ECHR.
Main Principle: Any injunctive relief must therefore undergo a proportionality examination.
Why are Newcomer Injunctions controversial?
The risk of a lack of due process for the newcomer. (lack of notice or ability to challenge injunction)
human rights and constitutional concerns—some newcomers might have valid reasons for their actions. e.g Clare County Council v McDonagh & Anor (2022)
key issue is that not all defendants are the same…. may be justified against some but not others
Defining the Newcomer
Disobedient Newcomers – Newcomers as the parties who commit the enjoined action (perhaps knowingly in breach of the injunction notice)
Obedient Newcomers – Newcomers include the parties who obey the injunction to avoid the consequences of breaching an injunction.
Newcomer UK Case 1?
Shell v Persons Unknown [2023], protesters were blocking access to Shell petrol stations and causing property damage. Shell sought an injunction to stop them.
granted the injunction, but acknowledged concerns about its impact on the right to protest and the Human Rights Act
ruling left room for non-parties—people who weren’t part of the original case but might be affected—to later ask the court to change or cancel the injunction if they could prove they were directly impacted by it.
What is UK case 2 and what does it say about granting newcomer injunctions?
Wolverhampton City Council v London Gypsies and Travellers [2023]
maybe granted to force compliance with the law:
(i) subject to legal safeguards
(ii) where it is shown that there is a compelling need to do so, and
(iii) no other remedy appears to be likely to be effective for the
purpose of compelling compliance with the law.
What did UK Case 2 establish about Compliance & Impact on Newcomers
Injunctions must be obeyed.
A newcomer who follows the injunction never becomes a defendant.
Courts focus on ensuring fairness for newcomers.
UK case 2 Ensuring Awareness of Injunctions?
Newcomers are not originally defendants and may be unaware of proceedings.
Courts require public notices (e.g., signs at sites, online publications) to inform newcomers
UK case 2 - Time Limits & Review Process
Injunctions should not last indefinitely.
Courts recommend annual reviews to reassess their necessity
