'John Doe' injunction used against unknown thief

HARRY POTTER: lawyers use action last seen in UK in 1852

Lawyers acting for Harry Potter author JK Rowling have issued an injunction against someone whose identity they do not know, in what is believed to be the first case in this country for 150 years.

The injunction, known as a 'John Doe', has been issued after copies of the fifth and as-yet unpublished Harry Potter book were stolen from a printing plant in Suffolk.

Copies turned up in a nearby field and an unknown man offered to sell chapters of the book to tabloid newspapers.

Ms Rowling's lawyer Keith Schilling, senior partner of London media firm Schillings, said: 'Without an injunction against an individual you can't bind the media, and it was vital for us to get one in order to prevent whoever was responsible for the thefts from making any details public, even though we don't know who this person is.'

One man has been charged with theft, and three others with handling stolen property.

'The John Doe injunction will stay in place and serve its purpose until the police release the names of the suspects, and it becomes clear who committed the theft,' Mr Schilling said, stressing that the men have not been convicted.

John Doe injunctions are used frequently for class actions in the US, when the identity of the claimants is unknown.

They are also used in countries such as New Zealand, where they are taken out in advance against unknown people who will sell pirate merchandising outside pop concerts.

It is believed that the last time one was used in the UK was in a landlord and tenant case from 1852.

Victoria MacCallum