Quia Timet in UK Law

Leading Cases
  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • House of Lords
    • 08 February 1990

    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.

  • London Borough of Islington v Margaret Elliott and Another (Respondents/Claimants)
    • Court of Appeal (Civil Division)
    • 01 February 2012

    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.

  • Hooper v Rogers
    • Court of Appeal (Civil Division)
    • 10 June 1974

    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.

  • Warnink (Erven) Besloten Vennootschap v J Townend & Sons (Hull) Ltd
    • House of Lords
    • 21 June 1979

    My Lords, Spalding v. Gamage and the later cases make it possible to identify five characteristics which must be present in order to create a valid cause of action for passing off: (1) a misrepresentation (2) made by a trader in the course of trade, (3) to prospective customers of his or ultimate consumers of goods or services supplied by him, (4) which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and (5) which causes actual damage to a business or goodwill of the trader by whom the action is brought or (in a quia timet action) will probably do so.

  • Secretary of State for the Environment Food and Rural Affairs v Drury
    • Court of Appeal (Civil Division)
    • 26 February 2004

    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.

  • Cip Property (Aipt) Ltd v Transport for London and Others
    • Chancery Division
    • 25 January 2012

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

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Books & Journal Articles
  • Enforcement
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 193-209
    ... ... not occurred but it is anticipated, there is jurisdiction to grant a quia timet injunction. In Islington London Borough Council v Elliott 33 the ... ...
    • No. 30-2, March 1967
    • The Modern Law Review
    ... ... The plaintiffs started proceedings for a quia timet injunction to restrain the defendants from inducing breach ... ...
  • Company Informants and Disclosure of Journalistic Sources: Goodwin v United Kingdom
    • No. 4-4, February 1997
    • Journal of Financial Crime
    • 351-354
    It may be a trite observation that the European Court of Human Rights is concerned with the preservation of individual rights, but the extent to which individual rights are to be asserted when face...
    ... ... as parties properly implea-ded as defendants to claims for quia timet injunc-tions to restrain them from publishing information imparted ... ...
  • Statutes: Resale Prices Act, 1964
    • No. 28-2, March 1965
    • The Modern Law Review
    ... ... , so one might expect dealers to prefer to apply for quia timet injunctions as soon as they hear that supplies will ... ...
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Law Firm Commentaries
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