In transnational proceedings, the doctrine of transnational issue estoppel operates to prevent parties from relitigating the same issue in a different jurisdiction once it is determined conclusively in a court. The SAL Law Reform Committee’s recent Report on The Framework and Margins of Transnational Issue Estoppel explores the elements of this doctrine in Singapore, and highlights seven key potential outer limits that one should consider when seeking to invoke the doctrine in an appropriate case. It also seeks to provide a basis of reference from which principles of the transnational issue estoppel can be developed by courts in the future.
Can public servants exercising statutory duties be sued for breaches of private law duties? How Weng Fan and others v Sengkang Town Council and other appeals [2022] SGCA 72
Town Council members are public servants exercising statutory duties under public law. But can they be sued in private law for breaches of private law duties? This question arose in How Weng Fan and others v Sengkang Town Council and other appeals, where a Town Council sued its Town Council members for alleged breaches of certain private law duties, namely, (1) fiduciary duties, (2) equitable duties of care and skill, and (3) a common law tortious duty of skill and care. The Singapore Court of Appeal held that the Town Council members did not owe the Town Council any fiduciary or equitable duties. They, however, owed the Town Council a common law tortious duty of skill and care (subject to the limits placed by the Town Councils Act), which they had breached in respect of some of their actions.
Navigating Non-compete Clauses in a Competitive Tuition Industry
You work for a tuition centre, but you are overworked to the point where you have been repeatedly burning your weekends. Not to mention, you are also underpaid. You’ve tried raising these issues with your ex-boss but to no avail. “Enough!” you cry. You resign. Shortly after, you join your friend’s tuition company. Enraged, your ex-boss sends you a letter, demanding that you pay liquidated damages for breaching the non-compete clause in your employment contract. The above situation can be distressing for any ex-employee. Hence, this article seeks to educate employees, particularly tuition teachers, on non-compete clauses. It will also demonstrate why it is challenging for employers to enforce such clauses, largely due to the courts’ strict approach when assessing the validity of such clauses.
Limits under the Maintenance of Parents Act
My father is 65. He has been taking money from me ever since I started working 2 years ago, claiming it is his right as my father. He spends his money on gambling, drinking and cigarettes. I have refused to give him any more money but he threatens to take me to court under the Maintenance of Parents Act. What can I do about this?
Collaborations
With guidance from leading practitioners, these articles are written by SMU law students to raise awareness on specialised areas of law. SMU Lexicon would like to thank all practitioners for their support in reviewing the pieces, and working together with students to foster a stronger culture of legal writing in the SMU Yong Pung How … Continue reading Collaborations
Crypto Insolvency and You, Why it Matters
If you wish to dabble in crypto investments, what safeguards have the law developed to protect you when crypto companies go insolvent? This article considers this question from two angles: First, from the viewpoint of someone who has invested directly in the crypto-assets; and second, from the viewpoint of an investor of crypto-related companies such as a crypto exchange platform.
Restriction on the grant of anti-suit injunctions in multi-jurisdictional family litigation: VEW v VEV [2022] SGCA 34
As family litigation becomes increasingly international, different proceedings may be initiated across multiple jurisdictions. In such cases, anti-suit injunctions ("ASIs") may be granted by courts to one party to prevent the other party from initiating foreign proceedings. In VEW v VEV, one of the few cases which deals with conflict of laws in the realm of family law, the Court of Appeal (“CA”) considered that respect for comity required a careful weighing of Singapore and UK public policy considerations in family litigation. This delicate balancing exercise undergirded the CA's decision to set aside the ASI which would have restrained the ex-wife from commencing proceedings in England.
To Leave or Not to Leave – Guidelines for Leave Applications from the Appellate Division to the Court of Appeal: UJM v UJL [2021] SGCA 117
In 2021, Singapore's court system underwent a momentous change with the creation of the Appellate Division of the High Court. In UJM v UJL, the Court of Appeal (“CA”) clarified the statutory scheme allowing for appeals from Appellate Division decisions to the Court of Appeal. The CA also explained what the requirements under the Supreme Court of Judicature Act and the Rules of Court entail.
Can a Doctor’s Private WhatsApp exchanges bring Disrepute to the Medical Profession?: Ong Kian Peng Julian v Singapore Medical Council and other matters [2022] SGHC 302
Doctors are medical professionals whom patients trust with personal information. But what happens when doctors share their patients’ contacts with each other in their own private WhatsApp exchanges? In Ong Kian Peng Julian v Singapore Medical Council, the Singapore High Court held that sharing patients’ contacts with one another could amount to improper conduct that brought disrepute to the medical profession, warranting significant penalties.
Telemedicine – Your Rights as a Patient
One can now easily seek help via an online video consultation with a doctor, also commonly known as a telemedicine consultation. But what if after taking the medication prescribed, your discomfort persisted? Worst still, what if you found out that the telemedicine doctor had incorrectly diagnosed you? Could you sue the telemedicine company or the doctor? For those who are keen to try out a tele-consult, this article will guide you on some practical information you should be aware of, and the possible courses of actions you can take in the event of being misdiagnosed.
smulexicon.com 