Common Mistakes to Avoid When Seeking an Injunction in Singapore

1. Common Mistakes to Avoid When Seeking an Injunction in Singapore Injunctions are powerful legal tools used in Singapore to prevent a party from taking a specific action or to compel a party to perform a specific act. Just recently, a high-profile case involving injunctions in Singapore is Shopee Singapore Pte Ltd v Lim Teck Yong [2024] SGHC 29. In this case, Shopee sought an interlocutory injunction to prevent a former employee from joining a competitor and soliciting clients and employees. The Singapore High Court denied the injunction application, finding that Shopee had not established a serious case to be tried and that the restraint of trade clauses in the employment contract was not enforceable. This case highlights the importance of careful drafting of employment contracts and the challenges in enforcing restrictive covenants. What is an Injunction? Understanding the Meaning An injunction, also known as an “interdict” in some jurisdictions, is a court order that compels or prohibits a specific course of action. In Singapore, injunctions are a form of equitable remedy, meaning they are granted at the court’s discretion based on principles of fairness and justice. Types of injunctions in Singapore These are the types of injunctions in Singapore: 1. Mandatory Injunctions These require a party to perform a specific act, such as rectifying damage or fulfilling a contractual obligation. They are typically granted in cases where inaction could cause significant harm. 2. Prohibitory Injunctions

2. These prevent a party from performing certain acts, such as breaching a contract or disclosing confidential information. Prohibitory injunctions are commonly used to maintain the status quo. 3. Interim or Interim Mandatory Injunctions These are temporary injunctions granted before a trial to preserve the rights of the parties involved until the final judgment is made. 4. Quia Timet Injunctions Issued to prevent anticipated harm that has not yet occurred but is likely to happen if no action is taken. These injunctions rely on the plaintiff proving a real and imminent threat. 5. Perpetual Injunctions Granted after a full trial, these injunctions are permanent and enforce rights conclusively. 6. Anton Piller Orders A specific type of injunction allowing the plaintiff to enter the defendant’s premises to inspect and seize evidence that might otherwise be destroyed. 7. Mareva Injunctions These freeze a defendant’s assets to prevent them from being moved out of jurisdiction or dissipated before a court judgment. H3: 8. Restraining Orders Often used in family law or harassment cases, these injunctions prohibit certain behaviors to ensure safety or compliance. Common Mistakes to Avoid When Seeking an Injunction While injunctions can be a powerful tool, seeking one requires careful consideration and strategic planning. Here are some common mistakes to avoid: ● Lack of Clarity: The application for an injunction must clearly define the specific act you wish to be prevented (prohibitory injunction) or compelled (mandatory injunction). Ambiguity can lead to the court rejecting your application. ● Unrealistic Expectations: Injunctions are not a guaranteed remedy. The court will consider the merits of your case, the potential harm caused by granting the injunction, and whether there are alternative remedies available. ● Delay in Seeking Relief: The court may be less likely to grant an injunction if you have significantly delayed seeking relief.

3. ● Insufficient Evidence: A successful injunction application requires strong evidence to support your claim of wrongdoing and the potential harm you will suffer if the injunction is not granted. ● Procedural Errors: Ensure your application adheres to all the legal and procedural requirements set out by the Singapore Courts. Seeking Expert Guidance: The Importance of a Skilled Legal Team Injunction experienced lawyer can significantly improve your chances of success. A lawyer can help you: applications are complex legal matters. Engaging a skilled and ● Draft a clear and well-supported application. ● Gather and present strong evidence to support your claim. ● Navigate the legal process and ensure compliance with procedural requirements. ● Effectively advocate for your position before the court. Whether you’re seeking advice, representation, or have general inquiries, we’re here to help. Contact Us Conclusion: Avoiding Mistakes and Achieving Success with Injunctions

4. Injunctions can be a valuable tool for protecting your rights and interests in Singapore. However, avoiding common mistakes is crucial for a successful application. By working with a skilled legal team at PDLegal Singapore, you can ensure your application is well-drafted, supported by strong evidence, and presented effectively in court. Contact PDLegal Singapore today for a consultation to discuss your specific situation and explore the possibility of seeking an injunction.