What if you didn’t write it down? Verbal promises in business contracts.

Reading Time: 6 minutesI.               Introduction Business negotiations can be lengthy. In the course of negotiations, parties might make a verbal promise to do or not do something. There might also be emails recording the promise or showing that there were verbal negotiations. But if the promise does not end up in a written contract, can you hold the other […]

Online Bullying

Reading Time: 6 minutesThis article was written by Nadia Moynihan from August Law with the assistance of Annette Liew, an L.L.B. undergraduate at Singapore Management University’s School of Law. Cyberbullying as a phenomenon has grown exponentially over the last two decades and Singapore apparently now has the second highest incidence of cyberbullying in the world. This should not be surprising, […]

The burning question – the effect of Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd on non-SIA contracts and terminated contracts

Reading Time: 5 minutesI.            Introduction In Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36 (“Far East Square”), the Court of Appeal held that a payment claim submitted after the issuance of the architect’s Final Certificate would be invalid regardless of whether the employer submitted a payment response. This was due to […]

Indemnity provisions in contracts – are they that important?

Reading Time: 4 minutesWhat are indemnity provisions? Indemnity provisions, also known as “indemnities” or “indemnity clauses”, are commonly included in contracts to allocate risk between contracting parties. If properly included, the indemnifying party (the “indemnifier”) will be obliged to compensate the indemnified party for losses which may occur as a result of a specified event, sometimes referred to […]

Doing business with foreign companies safely

Reading Time: 8 minutesI. Introduction In any business, careful risk management is crucial to protecting your profits. One major and often overlooked risk is litigation risk, especially overseas litigation risk. This article will address the litigation risk that a Singaporean company may face when doing business with a foreign counterparty that fails to uphold its contractual obligations. II. […]

Notes from the Bar – who bears the loss of cyber fraud?

Reading Time: 5 minutesCyber fraud and the hacking of email accounts is an increasingly common occurrence nowadays.  The shipping and international trade industries, where large sums of money are regularly remitted, has become an increasingly attractive target for cyber fraudsters.  The question that arises where there is cyber fraud and monies are intercepted while in transit between payor […]

Michael Loh, Partner of Clifford Law, details the harsh truths and emotional struggles of being a lawyer 

Reading Time: 9 minutesBeing a lawyer may seem glamorous and prestigious, but the life of a lawyer is not all sunshine and rainbows. In this article, Michael Loh, a partner at Clifford Law, shares with us the little known truths and pains of being a lawyer.  Michael has been in practice since 1992. Although he primarily handles family […]

A Bank Can Be Liable If It Acts On The Fraudulent Instructions Of A Customer – The Singularis Saga

Reading Time: 4 minutesThe UK Supreme Court (“UKSC”) in Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, recently upheld the decisions of the Court of Appeal (“CA”) and High Court (“HC”) in finding that a bank had breached its Quincecare duty of care owed to a company who was the bank’s […]

Lawyer Feature: Viviene Sandhu, Partner in Clifford Law, shares how she admires the Obamas, and how she takes pride in mentoring aspiring lawyers.

Reading Time: 5 minutesViviene is an experienced advocate of more than 21 years who has represented clients in all areas of civil litigation, with a primary focus on insurance and family law. Viviene has handled a broad spectrum of cases ranging from simple cases to complex and contentious matters at all levels of the Singapore Court hierarchy. From […]

Lawyer Feature: Ms Syazana Yahya, Partner of Eugene Thuraisingam LLP, is optimistic that Arbitration is the Preferred Alternative Dispute Resolution of the Future

Reading Time: 5 minutesIs Arbitration changing the game of dispute resolution? In this interview, Syazana Yahya, a newly promoted partner at Eugene Thuraisingam LLP, shared with us the unique features of arbitration and her views on the pro bono work and the future legal landscape.  Syazana is a commercial and criminal disputes lawyer with experience in shipping and […]

Hong Kong: Protection for employers against team move (Part III): The Interplay between restrictive covenants and springboard injunction

Reading Time: 6 minutesIntroduction In our August employment newsletter, we discussed the UK case QBE Management Services (UK) Ltd v Dymoke & Others [2012] IRLR 458, where the employer successfully obtained, among other things, a 12-month springboard injunction against its former employees and their financial backer from starting a new competing business venture.  Springboard injunction is a short term injunction […]

Costs in civil litigation: should the successful party be entitled to full recovery?

Reading Time: 7 minutes1. Background In civil litigation, party-and-party costs play the important role of allocating the legal costs of the proceedings between the parties to the suit. When the court makes an order for party-and-party costs, one litigant is required to pay a certain amount to the other litigant. Party-and-party costs are different from solicitor-client costs, which […]