Singapore Shooting Association and others v Singapore Rifle Association [2019] SGCA 83 was the latest instalment in a series of cases about a long-running dispute between Singapore Shooting Association (“SSA”) and Singapore Rifle Association (“SRA”). This decision by the Court of Appeal, addressed issues of contractual indemnities, disproportionate litigation and the tort of unlawful means conspiracy.
Clarifying the distinction between fact and belief probability: Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75
In cases involving medical negligence, lawyers for both parties often use, as evidence, voluminous amounts of scientific and statistical evidence. However, parties may incorrectly confuse what the evidence shows, with what is required by the legal standard of proof. In Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75, the Court of Appeal clarified the proper approach in using statistical evidence to prove negligence
Fraudulent Sex Criminalisation in Singapore: An Accidental Success
The Criminal Law Reform Act 2019, which introduced new regulation relating to fraudulent sex, came into effect on 1 January 2020. These amendments are meant to ensure that the law keeps pace with recent developments on sexual consent, and provide some clarity in that respect. The question is: are they enough? In a thought-provoking seminar, Associate Professor Chen Jianlin of the Melbourne Law School posits that these amendments in the Penal Code were an accidental success.
The appropriate sentencing framework for sexual assault by penetration cases: BPH v Public Prosecutor [2019] SGCA 64
Section 376 of the Penal Code (Cap 224, 2008 Rev Ed) (“PC”) sets out the offences of sexual assault by penetration, including those through: digital-vaginal penetration; digital-anal penetration; and fellatio. The case of Pram Nair v Public Prosecutor [2017] 2 SLR 1015 (“Pram Nair”) established a sentencing framework for cases of sexual assault through digital-vaginal penetration. However, it left open the following questions: (a) whether the Pram Nair framework should apply to other forms of sexual assault by penetration, and (b) whether there was a hierarchy of severity, for the various permutations of “sexual assault by penetration” under section 376 of the PC. The Court of Appeal answered these questions in BPH v Public Prosecutor.
Contractors liability for defects caused by supplier’s negligence
Contractors may still be liable for latent defects found years after completion, as they are by definition defects which are not readily apparent or discoverable. However, what if the defect was the fault of a supplier or subcontractor? This article will focus on a contractor’s liability in negligence and the defences he can use to escape such liability.
Surviving flow-down liability for liquidated damages: a guide for subcontractors
Liquidated damages (“LD”) clauses are a common measure for an employer to mitigate against delays caused by the main contractor. This same clause is often featured in subcontracts – they minimize the main contractor’s exposure to liability for delays caused by the subcontractor, and pass down the liability for LDs to the subcontractor. Unsurprisingly, LD clauses are one of the most common causes of disputes between main contractors and subcontractors as the payable amount can be quite substantial. This commentary will seek to explain the potential liability of a subcontractor for LDs arising from delays, and consider possible defences to be raised.
Doxxing in Singapore: Laws and Remedies
The growing trend of online vigilantism, coupled with the increasing number of doxxing incidents - where others’ personal information is published online - has highlighted the need for legislation against such conduct. In light of this growing issue, Parliament has amended the Protection from Harassment Act (“POHA”) to criminalise doxxing and provide more comprehensive remedies against doxxing. This article will explain when doxxing constitutes an offence under the POHA, as well as the remedies available for victims of doxxing.
Airplane Accidents – Understanding your rights under Article 17(1) and 21(1) of the Montreal Convention
October 29, 2018. Flight 610, Lion Air smashes into the Java Sea off Indonesia, killing all 189 souls aboard. This is swiftly followed by Flight 302, Ethiopian Airlines, which crashes in Bishoftu, Ethiopia. Again, no survivors are left. Preliminary investigations reveal that the auto-pilot systems in both cases forced the plane into a death dive, giving its crew little time to react. Claims for compensation are still pending, with families apparently pressured into signing away their legal rights. This article therefore seeks to inform the public of their rights in such cases. It sets out the legal regime that governs aircraft accidents, and the type of losses compensable, whether in the event of death or a serious injury to a loved one.
Protection from the Peeping Tom: Interpreting the New Offence of Voyeurism
Under the Criminal Law Reform Act 2019, it is an offence for any person to observe or record someone doing a private act, without that person’s consent. It is also an offence to possess, gain access to, distribute, or threaten to distribute images so recorded.This paper focuses on the core offence of voyeurism, and its interpretation under the new laws.
Misstep or malpractice: When does a doctor’s actions constitute professional misconduct? Singapore Medical Council v Dr Lim Lian Arn [2019] SGHC 172
Doctors are expected to uphold high standards when dispensing medical treatment to patients. However, not every misstep by a medical practitioner amounts to professional misconduct. Where a doctor does depart from acceptable standards of conduct, disciplinary action is warranted only where such departure is egregious. As highlighted in Singapore Medical Council v Dr Lim Lian Arn [2019] SGHC 172, the law seeks to strike a balance between (a) ensuring that serious misconduct and failings are duly censured, and (b) guarding against over-penalisation of doctors.
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