“Help! I Just Got Scammed Online Over My Holiday Bookings.”

Reading Time: 5 minutesPlanning your next getaway soon? A recent survey conducted by computer security software company, McAfee, revealed that nearly one in three Singaporeans had a history of being scammed or came close to being swindled when booking a holiday online[1]. Asia Law Network sits down with Viviene Sandhu, a litigation lawyer from Clifford Law, to understand […]

SMU Lexicon: Ah Boys to Men: Training Deaths and Accountability

Reading Time: 13 minutesI.              Introduction Croesus might have been mistaken when he commented that “in peace, sons bury fathers, but in war fathers bury sons”.[1] Training accidents do occur, and soldiers pay the ultimate price. On 18th April 2018, Corporal (“CPL”) Dave Lee, a full-time National Serviceman (“NSF”), succumbed to heat injury following his fast march.[2] Since then, […]

SMU Lexicon: Updating and Rectifying the Constitution: Wong Souk Yee v Attorney-General

Reading Time: 6 minutesI.   Introduction The High Court in the recent matter of Wong Souk Yee v Attorney-General[1] introduced techniques of statutory interpretation heretofore absent from Singapore constitutional law. In interpreting Article 49(1) of the Constitution of the Republic of Singapore[2] (“the Constitution”), Chua Lee Ming J (“Chua J”), faced with a seemingly conflicting provision in s 24(2A) […]

Harassment Complaints: What Companies Should Know & Do

Reading Time: 7 minutesIn early March 2019, Parliament announced that the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) would provide more resources to help both employees and employers tackle workplace harassment[1]. Although not widely discussed, harassment does take place in Singaporean workplaces. It is important to understand that workplace harassment can affect anyone; whether male or […]

SMU Lexicon: The Doctrine of the ultra-hazardous act after Ng Huat Seng

Reading Time: 11 minutesIntroduction In November 2017 the Singapore Court of Appeal narrowed the scope of “ultra-hazardous activity” under Singapore tort law through the case of Ng Huat Seng v Munib Mohammad Madni, and clarified (in obiter) the scope of activities which may fall within the doctrine of the ultra-hazardous act.[1] An ultra-hazardous act was first defined by […]

Variation of a Mareva injunction may not override legitimate interests of third parties

Reading Time: 6 minutesIntroduction In Securities And Futures Commission v Mo Shau Wah And Others [2018] 3 HKLRD 356, the Court of Appeal (“CA”) dismissed an appeal brought by Mo Shau Wah (“Mo”) in relation to a Mareva injunction obtained against her in proceedings brought by the Securities and Futures Commission (“SFC”), against the dismissal of her application for an […]

Hong Kong: Gay civil servant wins final appeal on spousal benefits for husband

Reading Time: 7 minutesIntroduction We discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another [2017] CFI 736; HCAL 258/2015 and also its appeal judgment of the Court of Appeal (“CA”) ([2018] HKCA 318; CACV 126/2017) respectively in our Newsletters June 2017 and June 2018 issues. This year, the appellant (“Mr Leung”) […]

SMU Lexicon: Assistance in Public Lotteries: The Approach in Bijabahadur

Reading Time: 11 minutesIntroduction In the 19th century, illegal gaming activities managed by syndicates were part of the general crime that was rampant in Singapore (then known as the Straits Settlement). This was a serious problem as the early inhabitants of Singapore became addicted to gambling, leading to undesirable outcomes.[1] Gambling activities came to be regarded as vices […]

Strategic use of Offers to Settle (OTS) to negotiate motor accident claims

Reading Time: 7 minutesThis article is an excerpt from the 29-page comprehensive and practical guide to motor accident claims in Singapore, written by Kok Yee Keong, Senior Associate in Eversheds Harry Elias LLP, which is publicly available for download here at the firm’s website. Strategic use of Offers to Settle (OTS) to negotiate After a motor claim has been lodged against the defendant […]

SMU Lexicon: Negotiating Damages for Breach of Contract: Morris-Garner v One-Step (Support) Ltd [2018] UKSC 20

Reading Time: 16 minutesIntroduction At the quantification stage in breach-of-contract claims, claimants must sometimes think out of the box. Where no loss has been suffered or loss is hard to prove, one solution is to argue for “negotiating damages”, or damages for breach of contract assessed by reference to the sum a claimant could hypothetically have received in […]

Myanmar Legal Update: Deployment of Employees in Myanmar

Reading Time: 2 minutesEmployment law in Myanmar is still a work in progress. Rather than a single labour code, a patchwork of labour legislation covers different aspects of the employment relationship. Currently, the rules and regulations regarding foreign workers are regularly changing and requirements by the authorities may vary from application to application. We understand that the Ministry […]