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ARTICLE · 20 JULY 2023

High Court Endorses Seven Principles For Securing Precautionary Injunctions

Injunctions are typically sought by parties after wrongdoing has already taken place. However, English courts may grant a ‘quia timet' – or ‘precautionary' – injunction to prevent an actionable...

United KingdomLitigation, Mediation & Arbitration

Injunctions are typically sought by parties after wrongdoing has already taken place. However, English courts may grant a 'quia timet' – or 'precautionary' – injunction to prevent an actionable wrong from being committed. In University of Brighton v. Persons Unknown Occupying Land,1 the High Court of England and Wales granted a final injunction preventing protesters from occupying certain areas of the claimant's executive administration office. This judgment provides a useful restatement of the principles applied by the courts when determining whether to award a precautionary injunction.

Background

On 25 May 2023, 'persons unknown' broke into the offices of the university's executive administration office and barricaded themselves inside. They also accessed the roof of the building, displaying banners that publicised their protest against the possibility of redundancies taking place amongst staff at the university. On 30 May 2023, the claimant was granted an

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