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. (1884) [28 Ch.D. 688 at p. 698] stated the necessary conditions for equity courts to properly grant an injunction in such cases:

proof of imminent danger;
proof that the threatened injury will be practically irreparable; and
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 , 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 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[]

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

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[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

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