Ritically discuss the impact of the interim injunctions and more specifically the freezing injunctions on the rights of the defendant.
Exam Essay Model Answer:
Module: Equity and Trusts UK
Exam Model Answer: Critically discuss the impact of the interim injunctions and more specifically the freezing injunctions on the rights of the defendant.
In this question you must critically discuss the impact of interim injunctions-ex parte orders in (general) and more specifically the freezing injunctions on the rights of the defendant (these injunctions have been asserted to have a draconian and essentially unfair nature). There should be a greater emphasis on the freezing order and the protections offered to a defendant in ex parte cases generally.You must provide a discussion on the unfair nature of these injunctions to the defendant. You must also check the interaction of Human Rights with freezing injunctions. (How these injunctions can violate specific articles of the HR? ECHR and HRA). You are also expected discuss the various problems that underly the procedures that affect the recipients of these orders.
This essay is not about equitable remedies in general BUT as this is a model exam answer, you will have to provide the basics to show first a level of understanding and then attempt the answer the question in the main body.
An interim injunction (3 nuclear weapons) is an interim remedy.
As this is an exam model answer, you must start first with the introduction: In the introduction you must start with the basics, This essay is about equitable remedies and more specifically about interim remedies. An equitable remedy isa¦. An interim remedy is a¦ This remedy is an injunction a¦. An interim injunction isa¦. You write about the specific definitions, quotes of what important Judges said about the interim injunctions and more specifically the freezing orders.
Then in you main body you start with the freezing injunction. Then firstly, writing how this injunction works and then you must attempt to answer the question. You must use various case law, statutes, books, practitioners handbooks (practice direction Civil Procedure Rules) JOURNAL ARTICLES, statutes, materials from other areas of law to show how they are relevant and connected with the topic to support your essay. You must consider why a freezing injunction can be unfair to the defendant? Contradiction with Human Rights of the defendant? Why these injunctions are regarded as having a draconian and essentially unfair nature?
*My tutor has specifically emphasised the need to discuss the judgment of Hugh Laddie in Oaktree regarding freezing injunctions-orders. I have uploaded the case.
As this is a law essay, Check VARIOUS important UK CASE LAW and STATUTES but these must be relevant and more specifically the Chappell case and Exparte application in Oaktree case.
Understanding of Equity, equitable remedies, interim remedies, 3 atomic weapons.
Your conclusion must be based on your argument.
Whatever you do, answer the question. As this is a model exam essay on Equity law, you must first demonstrate an understanding of the basic elements and then answer the question.
1) Write only what is relevant to the question
2) Write only what is important
3) Conditional (Explore all the possibilities) Can your argument go more than one way? (If it is thisa¦. then is thisa¦ However, if it is thata¦ then is thata¦)
4) Support everything that you are saying by evidence and authority
5) Conclusion based on arguments and arguments based on evidence.
Show evidence of reading using authorities: cases, quotes, textbooks, case law, statute, Practitioners books, materials for other law areas relevanta¦ In each paragraph you must use case authorities.
Referencing Style: OSCOLA Footnotes
Language style: English UK (terms and terminology must also be english-UK)
Minimum referencing Sources: 15 (Case Law and Statutes are excluded and must be additional to that) At least 5 of this must be relevant Journal Articles
Please include an adequate bibliography/references list at the end of the essay and use OSCOLA for writing the bibliography.
Please note that in the reference list you will need to add only the sources that you have used in the footnotes.
Criteria that must be met:
A comprehensive and detailed knowledge of major concepts and theories with evidence of a clear understanding of the limits of knowledge. Critical analysis and a convincing argument provide evidence of a thorough awareness of the pertinent issues relevant to the study. A wide range of the appropriate literature is used effectively. Learning outcomes achieved.
Please note that as this is an exam model answer, first you must establish the basics of the subject and then attempt to answer the question.
Please let me know if you require any further clarification.