Claims Against Unknown Defendants - A Guide for Litigators
Computer hackers, protestors and unauthorised readers of an unpublished Harry Potter book make an unlikely combination.
All have been defendants in cases where the claimant does not know their identity yet is still able to sue them. How is that possible when the rules of court specify that a claimant must state ‘the full name of each party’ in the claim form?
A claimant must be able to answer the three most significant questions that such claims provoke:
- How is the defendant identified on the claim form?
- How is the defendant to be served?
- By which methods will it be possible to enforce a judgment?
This virtual classroom session will explore where the line is drawn in practice with worked examples and make conclusions in the light of the most recent cases in this area.
What You Will Learn
This live and interactive session will cover the following:
- Cameron v Liverpool Victoria Insurance Co Limited  - an unknown driver who caused a collision
- Canada Goose UK Retail Limited v Persons Unknown  - concerning animal rights activists, this case lists seven procedural guidelines relating to interim relief against unknown persons
- Birmingham City Council v Afsar  - an interim injunction may be applicable to ‘persons unknown seeking to express opinions about the teaching at [a specified school]’ but that category of defendant would not be subject to a final order without the requirement of identifiability
- Canterbury City Council v Persons Unknown  - a local authority aiming to protect green spaces against trespass, but failing to serve trespassers effectively
- Hillingdon Borough Council v Persons Unknown  - protest against HS2 construction restricted but allowed without overnight camping
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.