Quia Timet Injunctions

Question 1

When do Quia Timet injunctions apply?

Answer 1

WHEN: quia timet actions are broadly applicable to two types of cases: (Redland Bricks)
1) Potential Harm: where the defendant has yet done no hurt to the plaintiff but is threatening and intending (so the plaintiff alleges) to do works which will render irreparable harm to him or his property if carried to completion.
* The court must see that the harm is actually believable and is sufficiently serious/substantial.
* Prohibitive injunctions
2) where the plaintiff has been fully recompensed both at law and in equity for the damage he has suffered but where he alleges that the earlier actions of the defendant may lead to future causes of action
* (this requires a mandatory QT for defendant to take positive action to fix, covered below)

Question 2

What is the test for Quia Timet injunctions?

Answer 2

TEST: The test for a Quia Timet injunction was developed in Fletcher v Bealey (1885) 28 CH:
* (1) the plaintiff must show that there is proof of imminent danger and
o Imminent = such that the remedy sought is not premature
o Imminent can also mean inevitable (Hooper). If damage is inevitable if action continues, the injunction is not premature (distinction from Fletcher)
o Imminent can mean “no other way to solve the problem” (before or after the fact) (Hooper)
o Courts will look at timeliness (temporality) & proof that the action isn’t premature (probability of harm)
* (2) the plaintiff must prove that the apprehended damage is substantial.
o Must be irreparable harm  if the damage does occur at any time, it must be in such a way that it would be impossible for the plaintiff to protect themselves against it if relief denied in a quia timet action
o Damages inappropriate for future damage, need diff remedy (Hooper)