Non-Fungible Tokens (“NFTs”) have, in recent times, emerged as highly sought-after collectors’ items. This has resulted in a number of disputes involving NFTs. A question has arisen over whether NFTs are capable of giving rise to proprietary rights, which could be protected via a proprietary injunction. In Janesh s/o Rajkumar v Unknown Person, the High Court answered this issue in the positive, granting the claimant’s application for a proprietary injunction over the NFT in question.
Introducing new evidence after trial is over
Suppose that you have been charged for a crime. During trial, perhaps you tried to raise a defence or a mitigating circumstance. However, you failed due to insufficient evidence. But after the trial, you discovered evidence in your favour which could give you a lighter sentence. What can you do? In such cases, you may apply for the court to consider this new evidence. For criminal cases, a different set of requirements apply depending on whether you have already filed an appeal. This article will explain the different scenarios in criminal cases, and how to meet the respective requirements. Civil cases will be briefly considered at the end.
Stealthing: Filing charges for non-consensual condom removal
I had sex with my boyfriend. I told him to use a condom, and I actually saw him put it on. But it turns out he did not. Luckily, I did not get pregnant. But can I still file charges against him?
Insolvency in the Digital Age: Cryptocurrency and its Impact on the Law
*Written by: Lin Shuang Ju I. IntroductionCryptocurrency exchanges such as Binance have drawn scrutiny from regulators worldwide as public concerns over the use of cryptocurrency in money laundering and its high-risk nature emerge.[1] Binance, the world’s largest cryptocurrency exchange, was recently banned from offering services in Singapore after the Monetary Authority of Singapore (“MAS”) found … Continue reading Insolvency in the Digital Age: Cryptocurrency and its Impact on the Law
Acquisition of a small software company in Singapore
COVID-19 was a bloodbath for small and medium sized enterprises (“SMEs”) that manufacture specialised parts. Their Achilles’ heel proved to be the disruption in global supply chains, and the lack of a stable workforce in the fight against the pandemic. In their struggle for survival, some SMEs chose to retrench its workers. However, the more forward-thinking ones have invested in technology that increases their long-term productivity and growth potential. One way that an SME can invest in technology is through an acquisition of a software start-up that has great synergies with its businesses. This article hopes to help Singaporean SMEs in their digitalisation efforts by sharing some legal and practical insights on the process of acquiring a software start-up.
Clarifying the Position on Compositions: Teo Seng Tiong v Public Prosecutor [2021] SGCA 65
Minor traffic offences are often the subject of compositions under section 135 of the Road Traffic Act to enable the efficient disposition of these less serious traffic violations. In Teo Seng Tiong v Public Prosecutor, the Court of Appeal held that offences compounded under the RTA or any other law can be taken into account in sentencing for any future offence, and may form the basis of an increase in the overall sentence of such offence.
Getting money back from a mistaken electronic transfer of money
Electronic transfers of money, such as bank transfers, are commonplace today. Mobile payment services such as PayLah! have made such transfers even easier – all you need is the other party’s mobile phone number. But what if you key in the wrong bank account number or phone number, which causes you to pay the wrong person? Can you get your money back? This article will explore your chances of getting your money back, as well as whether it is practical to pursue legal action.
Time Bars and Novel Factors in Unjust Enrichment: Esben Finance Ltd and others v Wong Hou-Lianq Neil [2022] SGCA(I) 1
The law of unjust enrichment deals with situations where one party is required to make restitution of a benefit acquired at the expense of another in unjust circumstances. In Esben Finance Ltd and others v Wong Hou-Lianq Neil, the Court of Appeal considered the applicability of the Limitation Act to claims in unjust enrichment, and in what circumstances a lack of consent ought to be recognised as an unjust factor. The Court also gave its provisional views on illegality as a bar to an unjust enrichment defence.
The Principle of Minimal Curial Intervention in Arbitrations seated in Singapore: Republic of India v Vedanta Resources plc [2021] 2 SLR 354
In keeping with the principle of minimal curial intervention, Singapore courts are extremely reluctant to intervene in the conduct and outcomes of arbitral proceedings, outside of the avenues permitted by the UNCITRAL Model Law on International Commercial Arbitration or the International Arbitration Act. While dissatisfied parties may nonetheless attempt to devise creative tactics to get around this principle, the case of Republic of India v Vedanta Resources plc demonstrates that the courts are both highly sensitive to and extremely critical of any attempts to do so, as such attempts would be regarded as improper and vexatious, and constitute an abuse of the processes of the court.
The Covid-19 Pandemic as a Supervening Event in the Assessment of Damages: iVenture Card Ltd and others v Big Bus Singapore City Sightseeing Pte Ltd and others [2022] 1 SLR 302
When a contract is breached, the general rule in assessing damages is that the innocent party should be compensated with a sum that would place them in the same position they would have been in had the contract not been breached. Often, those damages will be calculated based on the conditions at the time of the breach, a rule known as the “breach-date” rule. In iVenture Card Ltd v Big Bus Singapore City Sightseeing Pte Ltd, the Court of Appeal considered whether disruptive external events occurring after the breach such as the Covid-19 pandemic could be taken into account to reduce the amount of damages the innocent party receives.
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