The Civil Procedure Rules 1998

RSC ORDER 110 E+W ENVIRONMENTAL CONTROL PROCEEDINGS

Injunctions to prevent environmental harm E+W

Rule 1—(1) An injunction under—

(a) section 187B or 214A of the Town and Country Planning Act 1990(1);

(b) section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990(2); or

(c) section 26AA of the Planning (Hazardous Substances) Act 1990(3)

may be granted against a person whose identity is unknown to the applicant; and in the following provisions of this rule such an injunction against such a person is referred to as “an injunction under paragraph (1),” and the person against whom it is sought is referred to as “the defendant”.

(2) An applicant for an injunction under paragraph (1) shall, in the [F1 claim form], describe the defendant by reference to—

(a) a photograph,

(b) a thing belonging to or in the possession of the defendant, or

(c) any other evidence,

with sufficient particularity to enable service to be effected..

(3) An applicant for an injunction under paragraph (1) shall file in support of the application evidence by witness statement or affidavit—

(a) verifying that he was unable to ascertain, within the time reasonably available to him, the defendant’s identity,

(b) setting out the action taken to ascertain the defendant’s identity, and

(c) verifying the means by which the defendant has been described in the application and that the description is the best that the applicant is able to provide.

(4) Paragraph (2) is without prejudice to the power of the Court to make an order for service by an alternative method or dispensing with service.

Textual Amendments

F1 Words in Sch. 1 RSC Order 110 rule 1(2) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 56

(1)

1990 c. 8.

(2)

1990 c. 9.

(3)

1990 c. 10.