Quia Timet in UK Law

First, he must establish a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services.

That is particularly so when, as in this case, the injunction sought is a permanent injunction at trial rather than an interlocutory order granted on American Cyanamid principles having regard to the balance of convenience. A permanent injunction can only be granted if the claimant has proved at the trial that there will be an actual infringement of his rights unless the injunction is granted.

In different cases differing phrases have been used in describing circumstances in which mandatory injunctions and quia timet injunctions will be granted. In truth it seems to me that the degree of probability of future injury is not an absolute standard: what is to be aimed at is justice between the parties, having regard to all the relevant circumstances.

But, where it does so, it should offer an effective remedy: otherwise the right is nugatory. Thus, if a claimant entitled to an order for possession of a certain area of land contends that its occupants are likely to decamp to a separate area of land owned by him, the separate area should in my view be included in the order for possession if, but only if, he would have been entitled to an injunction quia timet against the occupants in relation to the separate area.

It should be made only in cases in which (a) trespasses have already been committed on an area of the claimant's land and (b) it is necessary to provide the claimant with an effective remedy in respect of the danger of serial violations of the right to possession of other areas of his land by persons who neither have, nor, indeed, even assert, any right to enter into possession of the claimant's land.

In these circumstances the defendants through their counsel submit that the claim is premature and bound to fail.