Reading Time: 8 minutesWhat makes a successful civil litigator? For Mr Chooi Jing Yen, the newly promoted partner of Eugene Thuraisingam LLP, it is about enjoying the intellectual challenges that civil litigation bring to the table. Mr Chooi is a career litigator who has worked on civil and criminal cases at all Court levels. He is often lauded […]
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Hard-selling of beauty services and treatments gone wrong? Here’s how you can get your refund.
Reading Time: 4 minutesThe beauty industry received the highest number of consumer complaints compared to other industries in 2018. Based on Consumers Association of Singapore (CASE) reports in 2018, the number of complaints totalled a shocking 1,829. Out of these complaints, 50% were concerned about the loss of prepayments due to abrupt business closures and aggressive sales tactics. Asia […]
SMU Lexicon: Sentencing Approach for Workplace Safety Breaches: Nurun Novi Saydur Rahman v Public Prosecutor [2019] 3 SLR 413
Reading Time: 9 minutesI. Introduction The recent case of Nurun Novi Saydur Rahman v Public Prosecutor[1] was the first time an offence under s 15(3A) of the Workplace Safety and Health Act (“WSHA”) had been brought before the Singapore High Court.[2] Section 15(3A) states that any person who conducts a negligent act, without reasonable cause, that endangers the safety […]
“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: 14 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 […]
Thailand: Know Your Rights Before Buying A Residential Unit In A Mixed-Use Project
Reading Time: 7 minutesLiving in the heart of a populated city or its periphery, close to important transport links, is a trend we are seeing more and more of in the major cites of Asia. Property developers in Thailand are responding with developments along these lines. The limited space around the city centre, rising land prices, and the […]
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 […]