Quia Timet Proceedings: Action Pending An Imminent Threat

Protection by means of preemptive defensive measures in litigation is an area of particular interest. In certain instances, it is vital to initiate judicial proceedings for the protection of an interest where there is an imminent threat for the occurrence of an actionable wrong or to prevent repetition of such wrong.

Such proceedings are the so called "quia timet proceedings" which are commenced against wrongful acts which are threatened or imminent but have not yet materialized.

As the name suggests (quia meaning because and timet meaning to fear, i.e. "because he or she fears",  the earliest use of such context is found in the early 17^th Century by Sir Edward Coke, an English Barrister, Judge and Politician), such actions may be pursued where the commission of a wrong is anticipated and a person reasonably fears that he or she will be injured by the imminent commission of a wrong.