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 […]
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 […]
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 […]
Reading Time: 4 minutesIntroduction In a recent case HKSAR v Chu Tsun Wai [2019] HKCFA 3, the Court of Final Appeal (“CFA”) set out the basis to which a cyber-attacker may be found guilty for damaging the other’s property by misusing the victim’s computer through the victim’s website. Background On 12 October 2014, Mr Chu Tsun Wai (“Mr Chu”) took […]
Reading Time: 5 minutesIntroduction In our previous newsletter “Donald Tsang’s Conviction Sheds Light on the Offence of Misconduct in Public Office”, we discussed the conviction in February 2017 of Mr Donald Tsang Yam-kuen (“Tsang”), the former Chief Executive of Hong Kong (the “Chief Executive”), of the charge of misconduct in public office. Tsang first appealed to the Court […]
Reading Time: 12 minutesIntroduction The December 2017 decision to charge a couple who tortured their flatmate, Annie Ee, with the offence of “voluntarily causing grievous hurt”, as opposed to murder, sparked controversy in Singapore.[1] In response, the Attorney-General’s Chambers (“AGC”) released a media statement explaining its decision,[2] and Attorney-General (“AG”) Lucien Wong referred to the matter in his […]
Reading Time: 8 minutes“When you can help to get someone a fair outcome for their case, you are giving time back to them and their family.” That is what pro bono work means to Ng Shi Yang, CLAS Advocate, Criminal Legal Aid Scheme (CLAS). Asia Law Network sits down with Shi Yang to learn how he made the transition […]
Reading Time: 5 minutesIntroduction An order for security for costs requires a Plaintiff to pay into the Court an amount of money that the Court considers appropriate for the Defendant’s costs of the proceedings. Whilst it is common for a party to take out an application for security for costs in civil proceedings (such as shareholder disputes), it […]
Reading Time: 8 minutesMilitary Law in Singapore is unique due to its separate legal system and jurisdiction. To most, “Military Justice” (or “Military Law”) is simply a body of law and system of rules which only applies to military personnel. Being a nation known for its mandatory conscription (National Service), many of us have probably heard the military-related […]
Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]
Reading Time: 1 minutes简介
医生通常在两种情况下须负上疏忽法律责任：第一是在施行医疗程序时疏忽；第二是在征求病人同意进行医疗程序时，未有向病人披露医疗程序的风险。
就上述第一种情况，我们在早前在〈医疗疏忽——认识医护人员对病人的责任〉一文中已探讨了如何采用Bolam测试确定须具备的谨慎责任的标准。至于第二种情况，由于英国最高法院在Montgomery v Lanarkshire Health Board [2015] UKSC 11一案中的裁决，Bolam v Friern Hospital Management Committee [1957] 1 WLR 582案中确立的传统测试（「Bolam测试」）在英国不再适用。
Reading Time: 9 minutesPublishing someone’s personal information online could now result in jail time. Upset about a taxi ride or saw a situation that you feel warrant a social media post? You would need to think twice now before posting any rants online. Such revelation of crucial personal information online is known as ‘doxxing’. Doxxing has been defined […]
