MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
(3) The Third Contempt Application 52.
On 17 June 2022, the Claimants issued a contempt application against Mr Curtin (“the Third Contempt Application”). Some of the breaches of the Interim Injunction alleged against Mr Curtin were also relied upon as causes of action in the claim against him. As a result, the Claimants’ evidence against Mr Curtin, both in relation to the claim against him and the Third Contempt Application was heard at a further hearing, on 23 June 2024, at which Mr Curtin was represented for the purposes of the Contempt Application. 53. I deal with the Third Contempt Application in Sections G and O(3) of this judgment (see [109]-[120], [247]-[253] and [400]-[407] below). E: Alternative service orders in respect of “Persons Unknown” 54. Prior to the decision of the Supreme Court in Wolverhampton , on 12 August 2021, the Court granted permission for alternative service of the Claim Form on the “Persons Unknown” Defendants. The order provided: “Pursuant to CPR Part 6.14, 6.15, 6.26 and 6.27 the Claimants have permission to serve the Tenth Defendant, Persons Unknown, by the following alternative forms of service: (1) Affixing copies (as opposed to originals) of the Claim Form, the Injunction Application Notice, draft Injunction Order and this Order permitting alternative service, in a transparent envelope on the gates of the First and Third Claimants’ Land and in a prominent position on the grass verge at the front of the First and Third Claimant’s Land. (2) The documents shall be accompanied by a cover letter in the form set out in Annexure 2 explaining to Persons Unknown that they can access copies of (a) the Response Pack; (b) evidence in support of the Alternative Service and Injunction Applications; and (c) the skeleton argument and note of the hearing of the Alternative Service Application at the dedicated share file website at: [Dropbox link provided]” (3) The deemed date of service for the documents referred to in (1) to (3) above shall be two working days after service is completed in accordance with paragraphs (1) to (3) above. 55. The Defendants (including those in the category of “Persons Unknown”) were required to file an Acknowledgement of Service 14 days after the deemed date of service. No Acknowledgement of Service has been filed by any person in any of the categories of “Persons Unknown”. 56. Similar orders have been made for service of the Claim Form by an alternative method on the additional categories of “Persons Unknown” Defendants as they have been added
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