Category: Current Affairs

A pleading is a legal document through which a party sets out its case. It serves two key functions. First, pleadings critically define each party's case, thereby preventing the other parties from being taken by surprise. Second, pleadings assist the court in ascertaining the issues in dispute which require determination. So what happens when a party fails to plead its case adequately? This issue arose in How Weng Fan and others v Sengkang Town Council and other appeals [2023] SGCA 21 ("How Weng Fan (Pleadings)"). This was the follow up from the previous case of How Weng Fan and others v Sengkang Town Council and other appeals [2022] SGCA 72, where the CA held that all seven defendants had breached their tortious duty of skill and care owed to the claimants. However, it left open the question as to the appropriate orders to be made, because one of the claimants appeared to not have adequately pleaded its case in tort against the seven defendants. Against this context, in How Weng Fan (Pleadings), after clarifying the relevant principles of pleadings, the CA held that the claimant in question did not plead a case in tort against three out of seven of the Town Council members. They were thus held to not be liable to this claimant in this regard.

On 3 August 2023, legal practitioners, academics, judges and professionals from around the globe gathered in the SMU Hall for the long-awaited conference titled “The Next Frontier of Lawyering: From ESG to GPT”. This conference is co-organised by the Singapore Management University’s Yong Pung How School of Law and the Singapore Academy of Law. The keynote speaker for this conference is Professor David B. Wilkins (Lester Kissel Professor of Law, Vice Dean, Global Initiatives on the Legal Profession, Faculty Director, Center on the Legal Profession, Harvard Law School), who delivered his keynote address titled “From “Law’s Empire” to “Integrated Solutions”: How Globalization, Technology, and Organizational Change Are Opening “New Frontiers” For Lawyers, Clients, and Society”.

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.

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.

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?

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.

As Singapore becomes more globalised, there has been a significant increase in the number of international marriages. However, these relationships are not immune to the trials and tribulations of marriage. If you and your expatriate ex-spouse are divorced, and they decide to return to their home country, you may wonder if they can take your child with them. You may also worry that they may resort to extreme measures and take your child overseas without your consent. What can you do in such a situation?

In recent years, software programmers have developed computer programs that can automatically draft contractual terms and enter into a contract without human intervention. However, the lack of human oversight means that users of automated methods of contracting may sometimes make a mistake and inadvertently enter into a contract. Against this backdrop, this article seeks to inform users of automated means of contracting on: (a) the validity of such contracts; and (b) whether they are legally bound if they inadvertently enter into such contracts.

*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