Interim Injunctions Flashcards
What is the key purpose of an interim injunction?
A. To punish a party for disobeying a court order
B. To secure payment of costs from the opposing party
C. To temporarily restrain or compel a party to act before trial
D. To dispose of a case without trial
C. To temporarily restrain or compel a party to act before trial
Explanation: Interim injunctions aim to preserve the position or prevent harm before trial. They are temporary measures, not permanent remedies.
Which of the following is not a requirement under the American Cyanamid guidelines?
A. That the applicant has a strong case likely to win
B. That there is a serious question to be tried
C. That damages are inadequate
D. That the balance of convenience favours the applicant
A. That the applicant has a strong case likely to win
Explanation: The test is whether there is a serious issue to be tried, not whether the applicant is likely to win. A “serious question” is a low threshold.
What is the most common safeguard the court requires from an applicant when granting an interim injunction?
A. Payment of costs to the court
B. Cross-undertaking in damages
C. Personal guarantee by the applicant
D. Notice of appeal
B. Cross-undertaking in damages
Explanation: This ensures the applicant will compensate the respondent if the injunction is later found to have been wrongly granted.
What type of injunction requires a party to do something?
A. Quia timet injunction
B. Final injunction
C. Prohibitory injunction
D. Mandatory injunction
D. Mandatory injunction
Explanation: A mandatory injunction compels a party to take action, such as returning property or completing an obligation.
Lucy is suing a former employee for stealing client lists. She wants the court to stop him using the information immediately. What kind of injunction should she apply for?
A. Quia timet injunction
B. Prohibitory injunction
C. Mandatory injunction
D. Final injunction
B. Prohibitory injunction
Explanation: Lucy wants to prevent ongoing harm. A prohibitory injunction restrains the defendant from continuing the alleged wrongdoing.
George is applying for an interim injunction. The judge finds that neither party can be adequately compensated with money. What test should the court apply next?
A. Balance of convenience
B. Right to a jury trial
C. Final relief test
D. Civil damages assessment
A. Balance of convenience
Explanation: If damages are not adequate, the court moves to weigh the risks and assess which outcome carries less injustice.
A company applies for an interim injunction without telling the other party. What must the applicant do at the hearing?
A. Disclose all facts, including those that may harm their own case
B. Only disclose facts helpful to their claim
C. Avoid mentioning the respondent’s arguments until trial
D. Submit arguments in writing only
A. Disclose all facts, including those that may harm their own case
Explanation: Full and frank disclosure is essential in without notice applications. The court must be aware of both sides.
Carlos applies for an interim injunction, but the court refuses because he waited too long after the alleged wrongdoing. This is most likely because:
A. He did not pay the court fee
B. Delay suggests his claim is not urgent
C. His claim was for less than £10,000
D. The other party objected
B. Delay suggests his claim is not urgent
Explanation: Interim injunctions are urgent remedies. Delay undermines the claim of urgency and weakens the case for relief.
Amy seeks a prohibitory interim injunction to stop a publisher from releasing a book containing private emails. The publisher argues that damages would suffice. Which factor is likely to support Amy’s case?
A. The potential harm is reputational and hard to quantify
B. The book is not about her directly
C. The publisher is based in the UK
D. Amy has not read the book yet
A. The potential harm is reputational and hard to quantify
Explanation: Where damages cannot adequately repair the harm, such as reputation loss, injunctions are more likely to be granted.
In a commercial dispute, a claimant applies for an interim mandatory injunction to force a supplier to resume deliveries. What is a key consideration for the court?
A. Whether the injunction would impose too heavy a burden
B. Whether the claimant has settled court fees
C. Whether there is a public interest in the case
D. Whether the supplier had a criminal conviction
A. Whether the injunction would impose too heavy a burden
Explanation: Mandatory injunctions are harder to obtain because they compel action. The court assesses if it’s fair to force this action pre-trial.
A party applies for an interim injunction before issuing a claim form due to an urgent data breach. What must the party do?
A. Undertake to issue the claim form immediately
B. Wait for 14 days before applying
C. Notify the Information Commissioner first
D. Apply for judgment in default
A. Undertake to issue the claim form immediately
Explanation: Courts allow urgent pre-claim injunctions, but the applicant must promise to issue proceedings without delay.
Which of the following is not a valid reason to grant a quia timet injunction?
A. A party has threatened to block access to essential infrastructure
B. A party has already caused damage that ended last week
C. A party is planning a harmful act
D. A party has publicly stated their intent to commit a future breach
B. A party has already caused damage that ended last week
Explanation: Quia timet injunctions are preventive – they deal with future or threatened harm, not past completed acts.
Clara applies for an interim injunction to prevent her neighbour from cutting down a historic tree that straddles their boundary. The neighbour argues he has planning permission and will suffer commercial loss if delayed. The judge finds both sides could suffer and damages would be difficult to calculate. What is the most likely outcome?
A. The court will refuse the injunction due to planning permission
B. The court will award Clara damages only
C. The court will apply the balance of convenience test
D. The court will strike out the claim
C. The court will apply the balance of convenience test
Explanation: Where damages would be inadequate for both parties, the court applies the balance of convenience test to assess which outcome carries less risk of injustice.
