15th to 16th March 2017
THE BOULEVARD HOTEL
KUALA LUMPUR, MALAYSIA
Ever since the English Court of Equity departed from the traditional legal concept that certain wrongs cannot be remedied by award of damages alone, an injunction has become one of the most effective and powerful weapons an individual or an organization can utilize in a common law jurisdiction to prevent a wrong or to stop an act. Such an order to compel one party to carry out or refrain from a specific act or acts has far- reaching consequences. For example, it can effectively shut down a factory from operating or prevent a child from being effectively removed from custody. Such drastic repercussions can dramatically affect the rights of the parties and in many instances caused irreversible damage. As this remedy is adaptable to various kinds of situation. The only limitation is on the extent of a lawyer’s creativity and the agreement of a judge.
Now there are various types of injunction with names like Mareva Injunction, Anton Pillar Order, Super Injunction, Erinford Injunction, Fortuna Injunction, and Freezing Injunction. There are lots more. Most of them are potent weapons that can be used by an individual or a corporation under the advice of their lawyers. But to use them as a tool, one must know of the extent of their use and what is required to secure them. And as explained, since the consequences of an injunction is usually disruptive and in some instances devastating to the defendant, lawyers and their clients must be aware on how to remove an injunction expeditiously or even prevent one from being obtained to prevent any or further damage.