Rule 1
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(1)
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An injunction under -- section 187B or 214A of the Town and Country Planning Act 1990
(101)
;
- section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990
(102)
; or
- section 26AA of the Planning (Hazardous Substances) Act 1990
(103)
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 defendant.
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(2)
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An applicant for an injunction under paragraph (1) shall, in the claim form, describe the defendant by reference to -- a photograph,
- a thing belonging to or in the possession of the defendant, or
- any other evidence,
with sufficient particularity to enable service to be effected.
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(3)
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An applicant for an injunction under paragraph (1) shall file in support of the application evidence by witness statement or affidavit -- verifying that he was unable to ascertain, within the time reasonably available to him, the defendants identity,
- setting out the action taken to ascertain the defendants identity, and
- verifying the means by which the defendant has been described in the application and that the description is the best that the applicant is able to provide.
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(4)
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Paragraph (2) is without prejudice to the power of the Court to make an order for service by an alternative method or dispensing with service.
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