Deck 24: Injunctions

Question 1

Which of the following statements is false?

A)An injunction normally orders a person to desist from some defined action.
B)An injunction can compel a person to undo something they should not have done.
C)Injunctions can be perpetual, interim or interlocutory.
D)An injunction, like a conjunction. Is a grammatical term.

Answer 1

D

Question 2

Which of the following statements is false?

A)Injunctions can only be granted to protect legally enforceable rights.
B)Injunctions can only be granted in open court after arguments from all the parties involved have been heard.
C)Injunctions can be granted where no wrong has been committed, but where an infringement of the claimant's rights is threatened.
D)The court may decline to award an injunction where the defendant has given an undertaking to the court.

Answer 2

B

Question 3

Bella Bothram sold Webber Mansions (part of the Webber Estate, the rest of which she retained) in 2013 to Lloyd Mackintosh, an eccentric impresario. The sale contained a restrictive covenant not to build on any part of the grounds of Webber Mansions. Bella has now discovered that Lloyd is planning to build a museum to his achievements, and that building work recently commenced. Bella is seeking a perpetual injunction. Which of the following statements provides the best advice for Bella?

A)Bella may well get the injunction, as she has a right capable of being infringed which is being infringed by the building work, damages would not be an inadequate remedy, and she has come with clean hands.
B)Bella may not get an injunction, as even though she has made out most of the requirements of claim, she is seeking a mandatory injunction to have the building removed.
C)Bella may not get an injunction, as even though she has made out most of the requirements of claim, she has unreasonably delayed in bringing action by allowing the building work to commence.
D)Bella may get an injunction, but is more likely to get damages in lieu of an injunction as the loss is a small injury to Bella, capable of being compensated by a small monetary payment and it would be oppressive to make Lloyd pull down the building he has paid to put up.

Answer 3

A

Question 4

Which of the following statements explains the test applied to grant a prohibitory interlocutory injunction (in addition to the inadequacy of damages as a remedy)

A)A strong prima facie case.
B)A serious question to be tried, a strong prima facie case and a real prospect of trial.
C)A serious question to be tried, the balance of convenience, any special factors, and a real prospect of trial.
D)A serious question to be tried, the balance of convenience, any special factors, a real prospect of trial and the maintenance of the status quo.

Question 5

Which of the following statements exemplifies the approach to applying the balance of convenience test? Think carefully before answering.

A)The court looks at definite list of factors (e.g. hardship, risk, ability to pay undertaking) and considers whether there are an exceptional factors, and then makes a decision.
B)The court looks at all the circumstances of the case to consider whether it would be more convenient on balance to award or deny the injunction.
C)The test gives the court an unfettered discretion to decide who has the most to lose, and this determines whether the injunction is granted or not.
D)The court will maintain the status quo unless there are strong factors on the side of the claimant to award the injunction.

Question 6

Which of the following statements explains the burden of proof necessary for a claimant to be awarded a quia timet injunction?

A)A strong prima facie case.
B)A reasonable apprehension of harm to the claimant's interests.
C)A strong probability that the harm to the claimant's interests will occur.
D)It is foreseeable that harm will occur to the claimant's interests, and it is important that the harm not be allowed to occur.

Question 7

Which of the following statements is false in relation to the freezing order as an equitable remedy?

A)It is s used to freeze the assets of the defendant to stop them being dissipated before trial.
B)It is only available where there is a real risk that the assets will be secreted or dissipated.
C)It may only be used within the English jurisdiction, or in UK territories.
D)It requires a higher standard of proof than a general interlocutory injunction.

Question 8

Which of the following statements is false in relation to the search order as an equitable remedy?

A)The search order may be used to discover assets of the defendant and stop the defendant destroying them.
B)The order will only be granted on the claimant demonstrating an extremely strong prima facie case.
C)The order must be served by an independent solicitor and must normally take place during business hours.
D)There must be a real possibility that evidence will be destroyed or removed, and the harm likely to be caused to the claimant must outweigh the harm caused to the defendant.