RULES & PRACTICE DIRECTIONS | SCHEDULE 1 - RSC | SCHEDULE 2 - CCR | PRE-ACTION PROTOCOLS | GLOSSARY | FORMS | COURT GUIDES | INDEX

# RSC ORDER 110 # ENVIRONMENTAL CONTROL PROCEEDINGS
| Contents of this Order
INJUNCTIONS TO PREVENT ENVIRONMENTAL HARM |  | Rule 1
## INJUNCTIONS TO PREVENT ENVIRONMENTAL HARM
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 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.
FOOTNOTES
1 | 1990 c.8.
2 | 1990 c.9.
3 | 1990 c.10.(162) 1969 c.46.

CIVIL MATTERS PAGE | LCD HOMEPAGE | CPR HOMEPAGE | SEARCH
© Crown Copyright 2001