Question 1

Which of the following statements is false?

Accepted Answer

The statement "An injunction, like a conjunction. Is a grammatical term." is false. While a conjunction is a grammatical term, an injunction is a legal term referring to a court order to either stop or require a particular action.

Question 2

Which of the following statements is false?

Accepted Answer

Injunctions can be granted in various forums such as arbitration or through a consent order without the need for an open court hearing. Therefore, statement B is false.

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?

Accepted Answer

Bella has a right capable of being infringed (the restrictive covenant), which is being infringed by the building work. She is seeking a perpetual injunction, which is a discretionary remedy that may be granted if damages would be an inadequate remedy. She has come to the court with clean hands, meaning she has not done anything wrong in this situation. Therefore, she may well get the injunction she is seeking.

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)

Accepted Answer

The correct criteria for granting a prohibitory interlocutory injunction, beyond the inadequacy of damages, include determining if there's a serious question to be tried, assessing the balance of convenience, considering any special factors, and evaluating the real prospect of trial.

Question 5

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

Accepted Answer

The balance of convenience test is a flexible approach which looks at various factors and circumstances of the case in order to determine whether it would be more convenient to award or deny the injunction. Option A is not entirely accurate as the court does not have a definite list of factors, but considers all relevant factors. Option C is incorrect as the court does not have unfettered discretion but must apply the test and consider all relevant factors. Option D is not entirely correct as the court weighs up the balance of convenience before deciding whether to grant or deny the injunction, rather than simply maintaining the status quo.

Question 6

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

Accepted Answer

A quia timet injunction is a preventive measure taken by a court to restrain a potential harm from happening. The burden of proof necessary for a claimant to be awarded a quia timet injunction is that there must be a strong probability that the harm to the claimant's interests will occur. A mere apprehension of harm is not sufficient. The claimant must demonstrate that there is a likelihood of harm occurring in the future. Therefore, option C is the correct answer.

Question 7

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

Accepted Answer

The freezing order can be used outside of the English jurisdiction and UK territories, subject to the court's jurisdiction and recognition of the order by foreign courts. This makes statement C false. Statements A, B, and D are all true.

Question 8

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

Accepted Answer

A search order is not primarily used to discover assets but to preserve evidence that might be destroyed or hidden.

Quiz 24: Injunctions

Which of the following statements is false?

Which of the following statements is false?

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)

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

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

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

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