Ever wondered how to stop someone legally from taking action that could harm you or your property? That’s where an injunction comes in. PDLegal Singapore explains injunctions as a powerful legal remedy that prevents potential damage before it happens or stops ongoing harm. But what exactly does an injunction involve, and how can it help protect your rights in Singapore? Let’s break down what injunctions mean, how they work, and the different types available in Singapore.
What is an Injunction?
An injunction is a court-ordered remedy that requires a party to do or refrain from doing a specific action. This legal tool is awarded when monetary damages aren’t enough to prevent harm. For instance, if construction on a neighboring property damages your estate, an injunction can be requested to halt further construction. PDLegal Singapore emphasizes that injunctions serve as a critical safeguard in cases where financial compensation is insufficient.
Types of Injunctions in Singapore
1. Prohibitory Injunction
A prohibitory injunction prevents a party from continuing with a specific action that could cause harm. If you’re dealing with ongoing harm—such as property damage, intellectual property infringement, or contract breaches—a prohibitory injunction can act as an immediate shield against further damage.
2. Mandatory Injunction
Unlike a prohibitory injunction, a mandatory injunction requires a party to take a specific action to correct an issue. PDLegal Singapore highlights that these injunctions are used sparingly, often in cases where not acting could lead to serious, irreversible harm.
3. Interim Injunction
An interim or interlocutory injunction is temporary, designed to protect the claimant’s interests until a final ruling is reached. Since it’s awarded quickly, usually within days, it’s ideal for urgent matters where immediate action is essential. Interim injunctions, like all injunctions, have stringent requirements, meaning the claimant must demonstrate a “serious question to be tried” and that irreparable harm will occur without the injunction.
Special Types of Injunctions
1. Mareva Injunction (Freezing Order)
A Mareva injunction, also called a freezing order, freezes the defendant’s assets, preventing them from being moved or hidden. This injunction is useful in cases where the defendant might dissipate assets to avoid paying damages. PDLegal Singapore emphasizes that, due to its stringent requirements, this remedy requires proof of an arguable case and a risk of asset dissipation.
2. Quia Timet Injunction
A quia timet injunction is precautionary, issued when a party is likely to commit a harmful act. For example, if a party’s potential actions could infringe on your property or intellectual rights, a quia timet injunction can prevent that harm before it even begins. However, the threat must be more than hypothetical—it should be likely and imminent.
3. Anton Piller Order (Search Order)
The Anton Piller order permits a party to search and seize evidence on another’s property to prevent its destruction. PDLegal Singapore notes that these orders are rarely granted and only in cases where there’s a strong chance the other party might destroy crucial evidence.
How to Obtain an Injunction in Singapore
Injunctions involve detailed procedures, and PDLegal Singapore suggests working with experienced legal professionals to navigate these steps. Urgent cases might receive an interim injunction within days, and in extreme scenarios, hearings can occur even on weekends or holidays. Generally, notice must be given to the other party, but ex parte applications can proceed without notice if there’s an immediate threat or if prior notice would compromise the injunction’s purpose.
Consequences of Breaching an Injunction
Once an injunction is in place, it’s legally binding, and breaching it can lead to severe penalties, including being held in contempt of court. If the defendant ignores the terms or takes action against the injunction, the court has the authority to enforce compliance. Even third parties who assist in breaching an injunction can face legal consequences.
Discharging or Modifying an Injunction
Injunctions aren’t necessarily permanent; defendants can request the court to vary or discharge them. Courts review each case to ensure the injunction’s ongoing fairness and necessity. This flexibility reflects the court’s commitment to fair and balanced justice, adapting orders as new evidence or changes arise.
Conclusion
Injunctions are valuable legal tools in Singapore, protecting individuals and businesses from immediate or potential harm. Whether you’re dealing with property damage, intellectual property issues, or the threat of asset dissipation, an injunction can offer vital protection. PDLegal Singapore’s expertise in obtaining and enforcing injunctions ensures that clients receive timely support when facing urgent legal threats.
For personalized assistance, PDLegal Singapore stands as a trusted choice for navigating complex legal proceedings and protecting clients’ rights effectively. Contact us today!
FAQs
What does injunction mean?
An injunction is a court order that requires a party to do or refrain from doing specific acts. This powerful legal remedy aims to prevent harm or enforce necessary actions that can’t be adequately addressed through monetary compensation alone.
What is an injunction simple example?
A common example of an injunction is when a court orders a company to stop construction activities that might harm nearby properties. This prevents potential damage while a legal case is underway, ensuring no further harm is done.
What does make injunction mean?
To “make an injunction” typically means issuing a court order to either prohibit a party from specific actions or mandate a positive act to avoid irreparable harm. .
What is the cause of an injunction?
The primary cause for an injunction is the need to prevent harm that monetary damages cannot adequately remedy, such as preserving property, stopping harmful actions, or protecting assets during a legal dispute.
What is an injunction to do?
An injunction functions to prevent harm, protect rights, or enforce specific actions during or after legal proceedings, often to maintain fairness or prevent irreparable damage.
How powerful is an injunction?
An injunction is a powerful legal tool because it can immediately halt actions that would otherwise cause harm or compel actions that preserve justice in an ongoing legal matter.
What is the best synonym for injunction?
A suitable synonym for injunction is “court order,” as both terms imply a formal legal directive with the authority to restrict or mandate specific actions.
What is a writ of injunction?
A writ of injunction is an official court document that commands a party to cease certain activities or perform specific acts, typically to maintain the status quo or prevent harm.
Can an injunction be a main action?
Yes, an injunction can be the main action in a legal case, especially when the primary goal is to seek a preventative remedy rather than monetary compensation.
When can an injunction not be granted?
An injunction is generally not granted if monetary compensation can sufficiently address the harm or if there is no clear risk of irreparable damage.
What is the root word of injunction?
The root word of “injunction” is the Latin “injungere,” meaning “to join” or “impose upon,” reflecting its nature as a court-ordered imposition on behavior.
What is the opposite of an injunction?
The opposite of an injunction could be “permission” or “authorization,” as these imply freedom to act without restriction.
What is Section 160 of the Companies Act in Singapore?
Section 160 requires a company to give proper notice of a meeting where directors are to be appointed. It ensures transparency and shareholder involvement in the appointment process.
What type of word is injunction?
Injunction is a noun, referring to a formal legal order issued by a court to prevent or mandate actions.
What is Section 201 of the Singapore Companies Act?
Section 201 deals with the preparation and presentation of financial statements. It requires companies to prepare annual financial reports and submit them to shareholders and ACRA.
What is the verb of injunction?
The verb form related to injunction is “enjoin,” which means to command, prohibit, or direct specific actions through a legal order.
What is the ruling of the injunction?
What is a mandatory injunction?
A mandatory injunction requires a party to perform a specific positive act, such as restoring a property or rectifying damages, to prevent further harm or uphold justice.
What is a temporary injunction?
A temporary injunction, also known as an interim injunction, is granted to temporarily restrain actions or enforce duties while a case is pending final judgment.
