Chapter 5

Question 1

What are the 3 types of injunctions?

Answer 1

Prohibitory, mandatory and preventative.

Question 2

What is a freezing injunction?

Answer 2

Freeze assets of the defendant where there is a risk they may dispose of the assets before the claim proceeds to trial.

Question 3

What’s a search order?

Answer 3

Used where it is obvious the defendant will not obey the rules relating to disclosure and may destroy documents. It permits the claimant to search for and seize evidence.

Question 4

What should a claimant take into account when applying for an injunction?

Answer 4

Expensive as requires a team of lawyers, will not be granted where damages are an adequate remedy, the application must be made quickly after the injunction and the client must be full and frank with the facts.

Question 5

What is a pre-action disclosure?

Answer 5

An order obligating the party to make certain disclosures before the claimant issues the claim form.

This is useful in clinical negligence cases.

Question 6

What is non-party disclosure?

Answer 6

The order made for a person to disclose information who is not party to the proceedings. For example a bank is asked to disclose information.