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Full-Text Articles in Law
A Review Of Civil Protection Orders In Six Jurisdictions, Wing Cheong Chan
A Review Of Civil Protection Orders In Six Jurisdictions, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Traditional criminal and civil remedies are inadequate responses against the problem of domestic violence. The criminal justice system requires allegations to be proven beyond reasonable doubt, the focus is on punishment for past acts instead of prevention of vio-lence from recurring, and the existing criminal offences do not fully cover the range of undesirable conduct. As for the civil justice system, the court processes take too long and are often incomprehensible to litigants-in-person, and there are no clear penalties imposed by the law even if an injunction is awarded by the court. In order to provide vic-tims of domestic violence …
Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson
Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The abuse of process jurisdiction, which forms part of the doctrine of res judicata, is meant to uphold finality of litigation and prevent abusive litigation. While the jurisdiction has been applied to the original parties of earlier court proceedings, it could also prevent a person who was not part of earlier court proceedings from litigating his claim. In such circumstances, the abuse of process doctrine has to be cognisant of the commercial realities and motivations driving choices to advance separate rather than consolidated proceedings, while also protecting litigants from repeated litigation. A recent Singapore Court of Appeal decision imposed constraints …