SINGAPORE JOURNAL OF LEGAL STUDIES
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The Mareva Injunction: Some Recent Developments
Citation: [1983] Sing JLS 12One of the hazards of litigation which a plaintiff has to accept, is the risk of the defendant surreptitiously disposing of his assets so as to evade any judgment that may be obtained against him. Until recently there was little that the plaintiff could do to minimise the risk, for it was generally accepted that until judgment the assets of the defendant were inviolable. On the 22nd of May 1975, the English Court of Appeal in Nippon Yusen Kaisha v. Karageorgis, departed from the previous practice and granted an ex-parte interlocutory injunction to restrain non-resident defendants from removing out of the jurisdiction, any of their assets located within the jurisdiction. This form of injunction is now commonly referred to as the Mareva injunction and is now a well established feature of English law. In the local context, the existence of a Mareva jurisdiction has been confirmed both in Malaysia and Singapore. In Zainal Abidin v. Century Hotel Sdn. Bhd., the Federal Court of Malaysia confirmed the existence of the jurisdiction, although the High Court in Malaya had earlier denied that it had jurisdiction. In Singapore it would appear that the existence of the Mareva jurisdiction had been recognised for some time by the High Court, although it was only in Art Trend Ltd. v. Blue Dolphin (Pte) Ltd., that a written judgment was delivered by the High Court confirming the existence of the jurisdiction. The purpose of this article will be to examine three aspects of the Mareva injunction. - Article
The High Court’s Inherent Power to Grant Declarations of Marital Status
Citation: [1991] Sing JLS 13This article asks whether the High Court can grant bare declarations of marital status. English courts had been wavering and the UK Parliament recently enacted express powers. The author argues that Singapore courts should not be hesitant. They originally possessed inherent power to grant such declarations and this was never relinquished. - Article
Disclosure of Evidence before Trial: The Development of the Rules of Court and the Transformation of Policy
Citation: [1998] Sing JLS 15This article examines the developments in the process of discovery in civil cases in the course of this decade and accesses changes in policy concerning the disclosure of evidence before trial. Singapore's position in this area of procedure is compared to that operation in other common law legal systems. - Article
Easements, Profits a Prendre, Covenants and Licences: A Reappraisal
Citation: [1962] Sing JLS 16 - Article
The Family Court : A Sociologist’s Perspective on Enlightened Collaboration between Law and Social Sciences
Citation: [1993] Sing JLS 16This discussion addresses the efforts to design and implement a family court in Singapore. Three main aspects are covered in separate sections. The first concerns the definition and brief history of the family court. The second section succinctly examines the three main factors fostering the collaboration across fields of knowledge in the planning and setting up of family courts. I conclude in the third section with some comments on the potential of this collaboration for the solution or containment of family problems locally, based on Singapore's historical and current situation. - Article
International Terrorism: The British Response
Citation: [2002] Sing JLS 16This article examines the Anti-Terrorism, Crime and Security Act enacted in the United Kingdom in response to the September 11 attacks in the United States last year. The article first identifies the critical framework of the discussion by analysing the reactive quality of the debate on terrorism and questioning the effectiveness of anti-terrorist legislation. The article then considers the concept of terrorism under UK law, before turning to a more specific discussion of the Act, particularly in three areas: tracking terrorist finance, detention and identification of suspected offenders and security measures. Finally, Part IX of the article also provides a European dimension in its discussion on some European Union anti-terrorist initiatives.