Article 11 Costs

After Order 49, rule 5^f1, there shall be inserted the following newrule—

“Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.

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(1)

An injunction under—

(a)

section 187B or 214A of the Town and Country Planning Act 1990^f2,

(b)

section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990^f3, or

(c)

section 26AA of the Planning (Hazardous Substances) Act 1990^f4,

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 respondent”.

(2)

An applicant for an injunction under paragraph (1) shall, instead of complying with Order 3, rule 4(2)(b), describe the respondent by reference to—

(a)

a photograph,

(b)

a thing belonging to or in the possession of the respondent, or

(c)

any other evidence,

with sufficient particularity to enable service to be effected; and the form of originating application used shall be modified accordingly.

(3)

An applicant for an injunction under paragraph (1) shall, in addition to the documents referred to in Order 3, rule 4(3), also file evidence by affidavit—

(a)

verifying that he was unable to ascertain, within the time reasonably available to him, the respondent’s identity,

(b)

setting out the action taken to ascertain the respondent’s identity and

(c)

verifying the means by which the respondent has been described in the originating 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 substituted service or dispensing with service.”.