Summary Judgment And Speculation – Final Injunction Available Where Defendants Failed To Engage In Proceedings (National Highways Ltd v Persons Unknown)

Written by Lauren Godfrey, barrister at Gatehouse Chambers (an earlier slightly abridged version of this article was published by LexisNexis as a blog).

Introduction

In National Highways Ltd v Persons unknown and others [2023] EWCA Civ 182, the Court of Appeal overturned a High Court judge's refusal to grant summary judgment in claims for final injunctions in circumstances where the defendants had failed to engage with the proceedings by either filing defences or any evidence in opposition to the claims. The Court of Appeal criticised the first instance judge's approach as impermissible speculation as to what defences might be advanced at trial.

Context

This case is of interest in the context of the Civil Procedure Rules and the extent to which a court could and should assess evidential disputes before entering summary judgment; particularly where there has been a wholesale failure by defendants to engage in proceedings.