(1) Where there is a specific defendant, but where the name of that defendant is simply not known. In such a case, it may be appropriate to describe the defendant by reference to an alias, a photograph, or some other descriptor that enables those concerned in the proceedings – including the defendant – to know who is intended to be party to the proceedings. (2) Where there is a specific group or class of defendants, some of whom are known but some of whom (because of the fluctuating nature of the group or class or for some other reason) are unknown. In such a case, the persons unknown are defined by reference to their association with that particular group or class. (3) Where the identity of the defendant is defined by reference to that defendant's future act of infringement. In such a case, the identity of the defendant cannot be immediately established: the defendant is established by his/her/its (future) act of infringement."
51. That decision was approved by the Court of Appeal in London Borough of Barking and Dagenham v Persons Unknown [2020] EWCA Civ 13; [2023] QB 295 by Sir Geoffrey Vos at paragraph 83, and it does not appear to have been disapproved by anything in the Wolverhampton case. 52. I am satisfied on the basis of the information provided to the court that to the extent that the Vastint multifactorial test requires to be satisfied in addition to the Wolverhampton guidance, it has been satisfied. First, there is a strong possibility that unless restrained by way of an injunction, persons unknown will act in breach of the claimants' rights, meaning in breach of public law, the enforcement of which is the responsibility of the claimants. Second, the resulting harm of the breaches would be of a nature that could not be adequately compensated for by damages. The harm cannot be easily undone by ex-post-facto intervention, but intervention in advance is required. A breach of planning
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