Civil remedies can be highly flexible – injunctive relief is one such an example, an important to tool to protect your interests. The specialist commercial lawyers at Bahamas law firm ParrisWhittaker are specialists in advising on securing injunctions in commercial disputes.
Where it is necessary to secure an injunction against another party, but that party’s identity is not known, the person seeking an injunction is not precluded from injunctive relief. A ruling1 from the UK’s Court of Appeal, which has highly persuasive authority on the courts in The Bahamas, has clarified the situation in which an injunction can be secured in these circumstances.
What’s the background?
The lower court had refused the applicant’s application for injunction relief, as well as the court’s decision to discharge interim injunctions.
The somewhat complex case is set against the background of protests and demonstrations. Canada Goose (the applicant) is a global luxury clothing company selling products made using animal products including fur and/or down. The opening of its Regent Street, London store attracted protesters who demonstrated outside and inside the premises.
Canada Goose sought an injunction against them for alleged harassment, trespass and nuisance. The court granted a without notice interim injunction against “persons unknown” – ie the protestors. This was served on 300-plus people who had taken part in the protest. Nearly a year later, Canada Goose unsuccessfully sought summary judgment for a final injunction against the defendants (the protestors and also PETA).
What did the court say?
The court spelt out its reasons for refusal (essentially, the proposed injunction was defective) but the most notable part of the ruling relates to the guidance on interim injunctions against ‘persons unknown’. This included:
1. The description of ‘persons unknown’ was too broad. The applicant could have named some of the protesters, and the proposed injunction was so wide as to capture protestors who might never intend visiting the store. If people are known and have been identified, they must be joined as individual defendants to the proceedings. Newcomers, ie people who in the future will join the protest and fall under ‘persons unknown’.
2. The restrictions Canada Goose wanted to include were not necessary or proportionate. Interim injunctive relief may only be granted where there is a sufficiently real and imminent risk of a tort, such as trespass, being committed.
3. The prohibited acts must correspond to the threatened tort. They may include lawful conduct if, and only to the extent that, there is no other proportionate means of protecting the claimant’s rights.
4. The terms of the injunction must be sufficiently clear and precise as to enable persons potentially affected to know what they must not do.
5. The interim injunction should have clear geographical and temporal limits as it is an interim not a final injunction.
What does this mean?
Injunctions are an important, non-financial remedy that are used to protect an applicant’s commercial interests, particularly where urgent steps need to be taken. However, there are limits to which interim injunctions can be secured. Applications must be carefully considered to ensure the court will be minded to grant the injunction.
Where a number of parties are involved, it is important to identify those who are capable of being identified to minimise the risk of the court rejecting an application. ParrisWhittaker are experienced in advising and representant clients seeking injunctions and can carefully guide you through the issues.
How can we help?
We advise and represent individuals and business clients in all disputes, including where urgent action in the form of injunctions becomes necessary. Contact the experienced commercial disputes lawyers at ParrisWhittaker for strategic assistance and representation.
