Quia timet

Quia timet (pronounced [ˈkᶣɪ.a ˈtɪmɛt]; Latin for '"because he fears"') is an injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. Fletcher v. Bealey (1884) [28 Ch.D. 688 at p. 698] stated the necessary conditions for equity courts to properly grant an injunction in such cases:

  1. proof of imminent danger;
  2. proof that the threatened injury will be practically irreparable; and
  3. proof that whenever the injurious circumstances ensue, it will be impossible to protect plaintiff’s interests, if relief is denied.

Brevia anticipantia

Quia timet remedies were writs at common law. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be imploded. 3. A monstraverunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda before any default of inclosure. 6. A ne injustice vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."[1]

Quia timet injunctions in English law

Quia timet injunctions refer to a type of injunction in English law obtained where a wrong is anticipated. Quia timet literally means "because he fears".

According to the case Graigola Merthyr Co Ltd v Swansea Corpn to obtain a quia timet injunction there must be an immediate threat to do something.[2] Moffat's Trusts Law states that a quia timet injunction can both prohibit something or mandate something to occur.[3]

References
  1. Coke on Littleton 100
  2. Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert (2015) Moffat's Trusts Law: Text and Materials, Cambridge: Cambridge University Press, p. 724
  3. Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert (2015) Moffat's Trusts Law: Text and Materials, Cambridge: Cambridge University Press, p. 724


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.