Question 1 of 10

You represent Matthew Smithson. Matthew has lived next door to farmland for a year but 2 months ago the Defendant, Gladiator Paintballing Company, bought the land and opened a paint balling business. Ever since they opened, Matthew has been disturbed by the sound of gun fire and shouting. Additionally, paint from gun balls has reached his conservatory windows on a number of occasions. Matthew wants this to stop in the long term but he is away for a month now and isn’t concerned about the paintballing continuing in his absence. However, he is particularly anxious about a particular weekend in 6 weeks’ time as he has organised a party for his 60th birthday at his house. A string quartet is due to play and he is concerned that nobody would be able to hear them over the sound of people playing paintball, and he is also worried that his guests might get hurt or covered in paint. You have advised him that he ought to apply for an interim injunction, and ultimately, a final injunction. What is the best advice to give him in relation to procedure?

A. The best advice would be to issue a claim, and make an application for an interim injunction as soon as possible. The application notice, draft order and evidence should then be served as soon as practicable and in any event at least 3 days before the hearing. B. The best advice would be to make an application for an interim injunction as soon as possible. The application notice, draft order and evidence should then be served as soon as practicable and in any event at least 3 days before the hearing. There is no need to issue a claim form yet and it’s better to wait and see what the outcome of the interim injunction is. C. The best advice would be to issue a claim, and make an application for an interim injunction as soon as possible. An early hearing should be requested and the Court asked to abridge time for service and give informal notice only. The application notice and evidence should not be served, but informal notice of the hearing must be given. D. The best advice would be to issue a claim form and then wait until Matthew is back from his month long trip before issuing an application notice. The application notice, draft order and evidence should then be served as soon as practicable and in any event at least 3 days before the hearing.