- Contempt of court and service of injunctions on persons unknown (Secretary of State for Transport v Cuciurean)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The procedural requirements for service of an injunction containing a penal notice are stringent. Unless permission for alternative service has been granted or personal service has been dispensed with, evidence of personal service is required before the court will entertain an application for contempt of court. When the injunction is addressed to ‘persons unknown’, the question of whether, and how, alternative service should be permitted is crucial. In this case, the court clarified the rules regarding service of injunctions on persons unknown, and the consequences of any failure to comply with permitted alternative service procedures. Written by Harriet Campbell, professional support lawyer at Stephenson Harwood LLP.
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