Question 1 of 10

You are instructed by a landowner, Annie. She owns a large farm where she runs a business rearing and growing rare animals. It is mating season for her prized breed, the Nepalese Turkey Duck. It is 2pm on Friday and Annie calls to say that has just heard that on Saturday (tomorrow), at least 100 revellers will arrive for an outdoor “drum, bass and fire” festival which is being organised by her next door neighbour. The noise, lights and smoke from the fires will disturb the Nepalese Turkey Ducks and ruin any chance of a successful mating season This will have a very significant effect on Annie’s commercial interests. Annie wants to get an injunction to prevent her neighbour from holding the mini-festival and seeks your advice. Which ONE of the following options is the BEST ADVICE to give to Annie?

A. Annie should apply to court urgently and provide a copy of a draft order at the hearing. She should serve an application notice as soon as practicable after it is filed. At the hearing, it will be necessary to obtain permission to bring the application on short notice. The court will grant the injunction because there is a serious matter to be tried. B. Annie may make an application to court urgently but the court is unlikely to grant the injunction because she failed to give the necessary minimum notice of 3 clear days in advance of the hearing of the application. C. Annie should apply to court urgently and provide a copy of a draft order at the hearing. She should serve an application notice as soon as practicable after it is filed. At the hearing, it will be necessary to obtain permission to bring the application on short notice and the court will grant the interim remedy only if it is urgent or in the interest of justice to do so. D. Annie must issue a claim form before or at the same time as the application notice. At the hearing, it will be necessary to obtain permission to bring the application on short notice. The court will grant the injunction because there is a serious matter to be tried.