Let’s say you are an investor. You enter a joint investment with a friend, and lend him $100,000. Sadly, the joint venture fails, and to make matters worse, your friend has gone bankrupt and transferred half of your money to his wife. Can you get your money back?
Shareholders vs Mismanagement by Directors: The power of a Statutory Derivative Action
Usually, a company would have a legal claim against such misbehaving directors. However, the directors of a company are the ones who decide when the company takes legal action. Does this mean the company is left helpless to claim for its losses from these directors? Thankfully not. As a shareholder, although you are typically unable to cause the company to take legal action, the law provides an exception to this rule under Section 216A of the Companies Act. This is called the “statutory derivative action”.
Love gone cold – What does it mean for a marriage to be voidable and When does it happen?
This article first defines voidable marriages including how it differs from divorce. Then, it explores two of six grounds of voidable marriages under section 106 of the Women’s Charter which are based on non-consummation. Lastly, it will address a possible bar to making this claim.
The Rule of Law: A Brief Explanation
Joel Soon Jian Wei & Chang Wen Yee I. IntroductionIn Tan Seet Eng v Attorney-General, Chief Justice (CJ) Sundaresh Menon famously quipped that “[t]he rule of law is the bedrock on which our society was founded and on which it has thrived.”[1] Yet, the rule of law “is not one that admits of a fixed … Continue reading The Rule of Law: A Brief Explanation
Consent and Personal Data: Charting the Differences between the PDPA and GDPR
This article provides perspective on Singapore’s efforts in relation to data protection by comparing the local PDPA with the renowned General Data Protection Regulation, which had been studied in the drafting of the Personal Data Protection (Amendment) Bill 2020.
Breaking the Cycle of At-Risk Behaviour in Youths: Singapore’s 2020 Family Guidance Order
Children and young persons who engage in activities that put them at risk of committing criminal offences often come under fire for their behavioural issues. However, can all at-risk behaviour be attributed to youths themselves? The introduction of the Family Guidance Order (FGO) in 2020 marked a shift in Singapore's stance on this issue. It recognised the dual importance of reducing the blame on the recalcitrant youth and addressing poor parent-child relationships.
Benefits of the Personal Data Protection (Amendment) Act 2020 to the Consumer
You share personal data with every online transaction you make. This means that vast amounts of your most sensitive information - health records, passport number, residential address - are collected, used, and transferred between organisations. How is your personal data protected from misuse without adversely affecting your user experience?
Redress for Legal Misconduct: Iskandar bin Rahmat v Law Society of Singapore [2021] 1 SLR 874
Part VII of the Legal Profession Act (“LPA”) sets out the complex process whereby complaints and investigations into legal misconduct may be undertaken. Section 96 LPA specifically gives a complainant the right to appeal to the High Court (“HC”) for the complaint to be advanced to a disciplinary tribunal where the Council of the Law Society has recommended that the complaint should be dismissed. The Court of Appeal in Iskandar bin Rahmat v Law Society of Singapore clarified that it had the jurisdiction to hear a section 96 LPA appeal against a decision of the HC to dismiss the complaint and decline to advance it to a disciplinary tribunal.
Pleading guilty in Singapore
Bill Puah Ee Jie and Keith Low* I. IntroductionA guilty plea refers to an admission by someone who is accused of a crime that he or she did, in fact, commit the crime. Often, pleading guilty affords an accused a significant discount in sentencing. This discount, accompanied with the costs and time involved in claiming … Continue reading Pleading guilty in Singapore
A Novel Approach to Deriving Sentencing Frameworks: Sentencing as a Science and/or Art? Takaaki Masui v Public Prosecutor [2021] 4 SLR 160
In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160, the High Court introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act. Significantly, the HC utilised mathematical concepts to evaluate and determine the content of sentencing frameworks, and also employed multiple two-dimensional and three-dimensional graphs to represent various sentencing frameworks.
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