Claims Against Unknown Defendants - A Guide for Litigators

Introduction

Computer hackers, protestors, unidentified website operators, unauthorised transferors of Bitcoin currency and possessors of an unpublished Harry Potter book make an unlikely combination.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?

A potential claimant must be able to answer four significant questions that such claims provoke:

• How is the unknown defendant to be identified on the claim form?
• How is the unknown defendant to be served?
• If an interim injunction is required, what additional problems does this cause for claimants?
• By which methods will it be possible to enforce a judgment against an unknown defendant?

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 fast-developing area.

What You Will Learn

This live and interactive session will cover the following situations:

• Cameron v Liverpool Victoria Insurance Co Limited, [2019] - Supreme Court - the inability to name an unknown driver who caused a collision, then drove off
• Canada Goose UK Retail Limited v Persons Unknown, [2020] - concerning animal rights activists, the High Court grants interim relief against unknown members of a loose group, leading eventually to …
• The Wolverhampton Tales - how local authorities aiming to protect public spaces against the unlawful occupation of trespassers and future transient visitors can obtain effective injunctions against ‘the newcomers’: Wolverhampton City Council v London Gypsies and Travellers, [2023] Supreme Court
• Armstrong Watson LLP [2023] - a ‘hacked’ accountancy firm protects its confidential data in the High Court
• Can an unknown party (sued under the codename ‘Cobra’) challenge an opponent’s costs assessment?

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.