Singapore High Court affirms admiralty practice that deposits retained from aborted sheriff’s sale of vessel belong to claimants

The Swiber Concorde [2018] SGHC 197 affirms the commitment of the Singapore courts to provide a user-friendly forum to the maritime community in line with commercial expectations.

Tags: Shipping

Examining the enforceability of restraint of trade clauses

In Powerdrive Pte Ltd v Loh Kin Yong Philip and others [2018] SGHC 224, the Court found the scope of the ROT clause unreasonably wide and struck out the claim against 5 former employees and their new employer.

Can a witness give testimony by video link from overseas to avoid potential prosecution in Singapore?

In Anil Singh Gurm v J S Yeh & Co and another [2018] SGHC 221, the Court held that the fear of prosecution alone is not sufficient to dispense with having the witness attend in person.

Journals Online: Reformulating the rules on director liability exclusions in Said v Butt: PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd [2018] 1 SLR 818 [Case Note]

The judgment left the position on personal liability for a company’s tortious acts significantly different. This note argues that the position in tort should be brought in line with that for contract.

Journals Online: [GBR] Retaining the Catnic/Improver approach in patent law: Why Singapore should not adopt the doctrine of equivalents

Although the SCA has declined to adopt the doctrine, it is prudent for our legislators to consider whether it should be introduced if it furthers Singapore’s aspiration to be a global IP hub in Asia.

Lessons from the Jurong Aromatics case: non-assignment, crystallisation and set-off

The case of Jurong Aromatics Corp Pte Ltd (receivers and managers appointed) and others v BP Singapore Pte Ltd and another matter [2018] SGHC 215 is significant as it makes important distinctions.

Journals Online: Assessing the effectiveness of sentencing guideline judgments in Singapore issued post-March 2013 and a guide to constructing frameworks

To assist lawyers involved in proposing sentencing frameworks, the article ends with a table of the 60-odd guideline judgments that have been issued in these past 5 years.

Journals Online: The unfounded fears towards equal division of matrimonial assets in Singapore

This article proposes that the division of matrimonial assets should be streamlined into a single approach by inclining towards equality while providing a discretion for judges where the outcome is inequitable.

China sportswear manufacturer is the first foreign company to be placed under judicial management in Singapore

The case is the first of its kind under the new amendments to the Companies Act introduced in 2017, which extended Singapore’s judicial management regime to foreign companies.

Journals Online: [INT] Implications of reposting copyright material online and Svensson distinguished in CJEU Judgment: Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634

The earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.

Journals Online: Reasonable confusion – What Audi did to Audi: Audi Construction Pte Ltd v Kian Hup Construction Pte Ltd [2018] 1 SLR 317

This commentary looks at the case against the backdrop of decisions both prior to and in the wake of it and examines the ramifications of the Court of Appeal’s decision.

Journals Online: Witness preparation before trial – What the rules of ethics do not say

Journals Online: Witness preparation before trial – What the rules of ethics do not say

This article will examine the issue of what lawyers may do and not do in preparing witnesses for trial and, in particular, whether witnesses may be prepared as a group.

Swatch vs Apple: “Tick” and “THINK” are different

The importance of this decision lies in the PAR's application of the first step of the “step-by-step” approach laid down by the SCA in the landmark decision of Staywell Hospitality Group v Starwood Hotels & Resorts Worldwide [2014] 1 SLR 911.

Use of illicit drugs as medicinal remedies and the death sentence

In both countries, the individuals were prosecuted in the High Court for trafficking in illicit drugs. Singapore's appellate court, however, has made an instructive interpretation of the drug law in question.

Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent), UKSC 2017/0070 (on appeal from the Court of Appeal Civil Division (England and Wales)

The appellant brought proceedings against the respondent alleging a breach of duty by the reception staff concerning the information he was given about the time he would have to wait and the failure to assess the appellant for priority triage. 

[GBR] English Court of Appeal holds documents and materials from internal investigations covered by legal professional privilege

In The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006, the CA allowed an appeal against the HC decision below which declined to apply LPP  to documents prepared by solicitors and forensic accountants.

Singapore High Court examines Order of Precedence clause

In Sinolanka Hotels & Spa (Private) Limited v Interna Contract SpA [2018] SGHC 157, the SHC ruled that the arbitral tribunal lacked jurisdiction to determine the dispute and also dismissed the alternative application to set aside the final award.

Voting rights of bondholders and trustees in restructuring proceedings

In Re Swiber Holdings Ltd [2018] SGHC 211, the SHC dealt with novel issues arising from when the bond issuer enters judicial management, or seeks  a to restructure its debt in a scheme of arrangement.

Recent developments in Singapore relating to directors’ duties

This case update summarizes key extracts from 5 recent High Court and Court of Appeal judgments on director's duties.

The Court of Appeal clarifies the procedure and principles to be applied in patent entitlement proceedings

In Cicada Cube Pte Ltd v National University Hospital (Singapore) Pte Ltd and another appeal [2018] SGCA 52, the SCA held that both parties had joint ownership of the patent.

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