MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
John has this morning been unlawfully evicted from his house by his landlord. John is
unemployed and qualifies for community legal funding. John has nowhere else to live and
wants to apply for a mandatory injunction ordering the landlord to let him back into the house
tonight. He wishes to know the correct procedure for obtaining such an injunction. Which
ONE of the following would be CORRECT advice?
[A] He cannot obtain an injunction today. He must first issue and serve a claim form and
then serve an application notice and evidence in support not less than 3 days before
the court hearing.
[B] He does not have to issue and serve a claim form, but he must issue and serve an
application notice, giving his landlord 2 hours’ notice of the hearing.
[C] He can simply go to court today with a draft order and evidence in support, though
he should endeavour to file an application notice, evidence in support and draft order
with the court 2 hours before the hearing.
[D] He can simply go to court today with a draft order and evidence in support though
he must file an application notice, evidence and draft order with the court 2 hours
before the hearing and fax.
[[C] is CORRECT. See Practice Direction 25A paragraphs 4.3(1), 2.4 and 3.2, 4.4(1) in White
Book 2016.]
P a g e 1 | 37
,Question 2
Which ONE of the following statements is CORRECT in an application for an urgent interim
injunction made without notice and before the issue of a claim form where the applicant has
substantial financial assets (such assets which are easily and quickly available to the
applicant) and where those assets more than cover any likely order to pay damages to the
respondent in the future should such an order be made?
[A] The court is very likely to grant an injunction in favour of an applicant such as this
who is unwilling to provide a credible cross-undertaking in damages.
[B] The court cannot compel an applicant such as this to give a cross-undertaking but it
can in its discretion refuse to grant an injunction unless the applicant does give such
an undertaking.
[C] Where at the hearing the court does not give directions to issue the claim, then,
unless the court orders otherwise, an applicant such as this one generally need not
undertake to the court to issue a claim form.
[D] Where an application for an injunction has been made without notice to any other
party, the starting position is that an applicant such as this one need not undertake
to serve on the respondent the application notice, evidence in support and any order
made as soon as practicable.
[[B] is CORRECT: see White Book 2016 Vol 2, paragraph 15-27, page 2842, sub-paragraph
commencing “The court cannot compel…”.]
P a g e 2 | 37
,Question 3
What are the principles to be applied under the American Cyanamid guidelines?
[A] Whether there is a serious question to be tried, whether damages would be an
adequate remedy for a party injured by the court’s grant of, or failure to grant, an
injunction and where the balance of convenience lies.
[B] Whether there is a serious question to be tried, whether damages would be an
adequate remedy for a party injured by the court’s grant of, or failure to grant, an
injunction. Irrespective of whether damages would be an adequate remedy, the court
must consider where the balance of convenience lies.
[C] The court will first consider whether the applicant has already commenced
proceedings. Only if the applicant has so commenced proceedings will the court go
on to consider whether the claim has a serious question to be tried, whether damages
would be an adequate remedy for a party injured by the court’s grant of, or failure to
grant, an injunction and where the balance of convenience lies.
[D] The court will first consider whether the applicant has already commenced
proceedings. Only if the applicant has so commenced proceedings will the court go
on to consider whether the claim has a serious question to be tried, whether damages
would be an adequate remedy for a party injured by the court’s grant of, or failure to
grant. Irrespective of whether damages would be an adequate remedy, the court
must consider where the balance of convenience lies.
[[A] is CORRECT: see Vol 2 of the White Book 2016 at paragraphs 15-7 and 15-8]
P a g e 3 | 37
, Question 4
In which ONE of the following cases would a court be MOST LIKELY to adopt a strict
American Cyanamid approach?
[A] The government seeks an interim injunction to prevent a television programme being
shown this week. This application is likely to dispose of the matter, because the
matter will no longer be in issue at the date of any trial.
[B] Ian seeks an interim injunction against his new neighbour to open a recently locked
gate which he claims is preventing him exercising his right of way. The case in
relation to the right of way would continue to final determination regardless of the
outcome at the interim stage.
[C] John seeks an interim injunction against his landlord. The landlord has no arguable
defence.
[D] A home-owner seeks an interim injunction against a commercial developer to
prevent building works which the home-owner claims are significantly disrupting his
peace.
[[D] is CORRECT. This would be an application to restrain (i.e. “prevent”) the commercial
developer from doing acts (i.e. “building works”) in violation of the home owner’s rights (i.e.
“disrupting his peace”). In these circumstances, it is likely that the court would adopt a strict
American Cyanamid approach. See American Cyanamid Co v Ethicon Limited (1975) A.C. 396.
The court would also comply with the fundamental principles in Section 37 (1) Senior Courts
Act 1981]
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ANSWERS
Bar Professional
Question 1
John has this morning been unlawfully evicted from his house by his landlord. John is
unemployed and qualifies for community legal funding. John has nowhere else to live and
wants to apply for a mandatory injunction ordering the landlord to let him back into the house
tonight. He wishes to know the correct procedure for obtaining such an injunction. Which
ONE of the following would be CORRECT advice?
[A] He cannot obtain an injunction today. He must first issue and serve a claim form and
then serve an application notice and evidence in support not less than 3 days before
the court hearing.
[B] He does not have to issue and serve a claim form, but he must issue and serve an
application notice, giving his landlord 2 hours’ notice of the hearing.
[C] He can simply go to court today with a draft order and evidence in support, though
he should endeavour to file an application notice, evidence in support and draft order
with the court 2 hours before the hearing.
[D] He can simply go to court today with a draft order and evidence in support though
he must file an application notice, evidence and draft order with the court 2 hours
before the hearing and fax.
[[C] is CORRECT. See Practice Direction 25A paragraphs 4.3(1), 2.4 and 3.2, 4.4(1) in White
Book 2016.]
P a g e 1 | 37
,Question 2
Which ONE of the following statements is CORRECT in an application for an urgent interim
injunction made without notice and before the issue of a claim form where the applicant has
substantial financial assets (such assets which are easily and quickly available to the
applicant) and where those assets more than cover any likely order to pay damages to the
respondent in the future should such an order be made?
[A] The court is very likely to grant an injunction in favour of an applicant such as this
who is unwilling to provide a credible cross-undertaking in damages.
[B] The court cannot compel an applicant such as this to give a cross-undertaking but it
can in its discretion refuse to grant an injunction unless the applicant does give such
an undertaking.
[C] Where at the hearing the court does not give directions to issue the claim, then,
unless the court orders otherwise, an applicant such as this one generally need not
undertake to the court to issue a claim form.
[D] Where an application for an injunction has been made without notice to any other
party, the starting position is that an applicant such as this one need not undertake
to serve on the respondent the application notice, evidence in support and any order
made as soon as practicable.
[[B] is CORRECT: see White Book 2016 Vol 2, paragraph 15-27, page 2842, sub-paragraph
commencing “The court cannot compel…”.]
P a g e 2 | 37
,Question 3
What are the principles to be applied under the American Cyanamid guidelines?
[A] Whether there is a serious question to be tried, whether damages would be an
adequate remedy for a party injured by the court’s grant of, or failure to grant, an
injunction and where the balance of convenience lies.
[B] Whether there is a serious question to be tried, whether damages would be an
adequate remedy for a party injured by the court’s grant of, or failure to grant, an
injunction. Irrespective of whether damages would be an adequate remedy, the court
must consider where the balance of convenience lies.
[C] The court will first consider whether the applicant has already commenced
proceedings. Only if the applicant has so commenced proceedings will the court go
on to consider whether the claim has a serious question to be tried, whether damages
would be an adequate remedy for a party injured by the court’s grant of, or failure to
grant, an injunction and where the balance of convenience lies.
[D] The court will first consider whether the applicant has already commenced
proceedings. Only if the applicant has so commenced proceedings will the court go
on to consider whether the claim has a serious question to be tried, whether damages
would be an adequate remedy for a party injured by the court’s grant of, or failure to
grant. Irrespective of whether damages would be an adequate remedy, the court
must consider where the balance of convenience lies.
[[A] is CORRECT: see Vol 2 of the White Book 2016 at paragraphs 15-7 and 15-8]
P a g e 3 | 37
, Question 4
In which ONE of the following cases would a court be MOST LIKELY to adopt a strict
American Cyanamid approach?
[A] The government seeks an interim injunction to prevent a television programme being
shown this week. This application is likely to dispose of the matter, because the
matter will no longer be in issue at the date of any trial.
[B] Ian seeks an interim injunction against his new neighbour to open a recently locked
gate which he claims is preventing him exercising his right of way. The case in
relation to the right of way would continue to final determination regardless of the
outcome at the interim stage.
[C] John seeks an interim injunction against his landlord. The landlord has no arguable
defence.
[D] A home-owner seeks an interim injunction against a commercial developer to
prevent building works which the home-owner claims are significantly disrupting his
peace.
[[D] is CORRECT. This would be an application to restrain (i.e. “prevent”) the commercial
developer from doing acts (i.e. “building works”) in violation of the home owner’s rights (i.e.
“disrupting his peace”). In these circumstances, it is likely that the court would adopt a strict
American Cyanamid approach. See American Cyanamid Co v Ethicon Limited (1975) A.C. 396.
The court would also comply with the fundamental principles in Section 37 (1) Senior Courts
Act 1981]
P a g e 4 | 37
