by alternative service such as can reasonably be expected to bring the proceedings to their attention. In principle, such persons include both anonymous defendants who are identifiable at the time the proceedings commence but whose names are unknown and also Newcomers, that is to say people who in thefuture will join the protest andfall within the description of the "persons unknown". (2) The "persons unknown" must be defined in the originating process by reference to their conduct which is alleged to be unlawful. (3) Interim injunctive relief may only be granted zf there is a sufficiently real and imminent risk ofa tort being committed to justify quia timet relief (4) As in the case of the originating process itself, the defendants subject to the interim injunction must be individually named zf known and identified or, zf not and described as "persons unknown", must be capable of being identified and served with the order, zf necessary by alternative service, the method ofwhich must be set out in the order. injunction must be individually named if known and identified or, if not and described as "persons unknown", must be capable of being identified and served with the order, if (5) The prohibited acts must correspond to the threatened tort. They may include lawful conduct if, and only to the extent that, there is no other proportionate means of protecting the claimant's rights. (6) The terms of the injunction must be sufficiently clear and precise as to enable persons potentially affected to know what they must not do. The prohibited acts must not, therefore, be described in terms ofa legal cause ofaction, such as trespass or harassment or nuisance. They may be defined by reference to the defendant's intention if that is strictly necessary to correspond to the threatened tort and done in non-technical language which a defendant is capable ofunderstanding and the intention is capable ofproofwithout undue complexity. It is better practice, however, toformulate the injunction without reference to intention if the prohibited tortious act can be described in ordinary language without doing so. (7) The interim injunction should have clear geographical and temporal limits. It must be time limited because it is an interim and not afinal injunction." time limited because it is an interim and not a final injunction.” (3) Interim injunctive relief may only be granted if there is a sufficiently real and imminent risk of a tort being committed to justify quia timet relief.
ii. Quia timet injunctions
9. Injunctions may be granted to prevent threatened or apprehended acts if the court is satisfied that the risk of an infringement of the applicant's rights causing irreparable harm is "imminent and real". "Real" means that "there is a real probability that in time the activities of the [respondent] will result in actual damage" to the applicant's interests; "imminent" means "that the injunction must not be granted prematurely" (Hooper v Rogers [1975] Ch 43, pp.49-50 [AB/3]). satisfied that the risk of an infringement of the applicant’s rights causing irreparable harm is “ imminent and real ”. “ Real ” means that “ there is a real probability that in time the activities of the [respondent] will result in actual damage” to the applicant’s interests; “ imminent ” means “ that the injunction must not be granted prematurely ” ( Hooper v Rogers [1975] Ch 43, pp.49-50 [AB/3] ).
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