HS2 Ltd & SSfT v Persons Unknown & Ors
Approved Judgment:
basis already by the interim injunction. I would see the merit of requiring a final hearing if the test for the interim injunction was merely a “serious issue to be tried”, but in these PU claims the test is higher. It is “likely to succeed at trial”. So, in relation to the burden of proof, there is no injustice in the absence of a final injunction, so long as each Defendant has the right to apply for a final hearing. In addition, the reviews give each the opportunity to gain release from the action by applying for that. 59. I shall not be making a direction requiring the Claimants to bring the claim to trial or to finality through a summary judgment application or directing defences to be filed and served, disclosure and evidence. I do not see the need for it to achieve justice in this claim. I do not seek to lay down any general rule by this decision. Variations to the terms of the injunction 60. Certain variations were requested to the terms of the injunction for the extension. I give permission for those which were not in dispute and are necessary.
61. The potential Defendant, D69, had been identified and there was a request to add him to the claim but he signed an undertaking so I do not have to consider that application.
62. There was a typing error in the May 2023 injunction relating to service of the review papers, which should be corrected.
Conclusion 63.
I shall extend the interim injunction for 12 months. It will be limited to the phase 1 works and land. I do not consider that the Claimants should be required to bring the action to finality. D6 is released from the claim and the injunction. I invite the Claimants to draft the necessary orders and directions and to submit them before 31.5.2024.
ANNEX A
SCHEDULE OF DEFENDANTS 7-65
DEFENDANT NUMBER
NAMED DEFENDANTS
(7)
Ms Leah Oldfield
Not Used
(8)
Not Used
(9)
Not Used
(10)
Not Used
(11)
Not Used
(12)
Not Used
(13)
Not Used
(14)
Not Used
(15)
27
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