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What is a precautionary (quia timet) injunction?

Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they fear that a wrong will be committed if an order is not made—the latin phrase ‘quia timet’ translates literally as ‘since he fears’. A quia timet injunction, referred to more recently and throughout this Practice Note as a precautionary or anticipatory injunction (see para [99] of High Speed Two (HS2) Ltd v Persons Unknown), may therefore be granted where either the defendant has threatened a wrongful act or there is a real risk that, unless an injunction is granted, an actionable wrong will be committed.

In Redland Bricks Ltd v Morris, the court held (at page 578):

‘[T]o prevent the jurisdiction of the courts being stultified equity has invented the quia timet action, that is an action for an injunction to prevent an apprehended legal wrong, though none has occurred