Question 1 of 10

You represent Michelle who is retired and has for the last five years lived next door to land which until fairly recently was only occupied by a number of derelict farm buildings. Two months ago, Sureshot Limited leased the land from the farmer and opened a firing range. Ever since they opened, Michelle has been disturbed by the sound of gun fire and shouting mainly on weekends. Michelle ideally would like this to stop in the long term however, she is particularly anxious about a weekend in eight weeks’ time when her daughter’s wedding is to take place as she has organised a marquee in her garden for the reception. Michelle says the noise is particularly bad on a weekend and she does not want the sound of gunfire to spoil her daughter’s day. You have advised her that she ought to apply for an interim injunction, and ultimately, a final injunction.What is the best advice to give her in relation to procedure?

A. 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 yet and it is better to wait and see what the outcome of the interim injunction is. B. 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. C. 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. D. Issue a claim form and then wait and see if things improve as a result before issuing an application notice. If not then Michelle should be advised to issue and serve an application notice, draft order and evidence as soon as practicable and in any event at least three days before the hearing.