Tim Lawson-Cruttenden examines the evolution of claims against unnamed defendants in non-land law cases
On 8 October Mrs Justice McGowan ordered injunctive relief in Novartis Pharmaceuticals UK Ltd v (1) Stop Huntingdon Animal Cruelty and (2) Persons Unknown [2014] EWHC 3429 (QB).
The injunction is intended to protect the employees of Novartis, an international pharmaceutical company, against harassment by animal rights activists. Stop Huntingdon Animal Cruelty, whose membership is unknown and deliberately anonymous, were joined into the action using the representative mechanism under CPR 19.6. This mechanism enables unincorporated associations to be sued through a named individual. However, the making of orders against “persons unknown” was thought to be sufficiently innovative for the High Court to seek a review of this developing area of the law which has thus far had little supervision from the Court of Appeal.
The purpose of this article, in relation to the joining in as defendants of persons unknown, is to consider:
- the historical law up to 2003;
- recent developments since 2003;
- the effect of the Novartis decision; and
- the impact on representative orders under CPR 19.6.
