Ever wondered how to stop someone legally from taking action that could harm you or your property? That’s where an injunction comes in. PD Legal 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. PD Legal 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. PD Legal 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. PD Legal 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. PD Legal 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 PD Legal 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. PD Legal Singapore’s expertise in obtaining and enforcing injunctions ensures that clients receive timely support when facing urgent legal threats.

For personalized assistance, PD Legal Singapore stands as a trusted choice for navigating complex legal proceedings and protecting clients’ rights effectively. Contact us today!

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