Quia timet explained

la|'''Quia timet'''|because he fears|paren=left

pronounced as /la/), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of Fletcher v. Bealey [28 Ch.D. 688 at p. 698] stated the necessary conditions for the equity courts to 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

Latin: 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]

Latin: Quia timet injunctions

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

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

Notes and References

1. [Institutes of the Lawes of England|Coke on Littleton]
2. Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert (2015) Moffat's Trusts Law: Text and Materials, Cambridge: Cambridge University Press, p. 724