Reading Time: 6 minutesBackground It is not uncommon for charterers or shipowners to be offered a letter of indemnity (“LOI”) for delivery of cargo to a named receiver without the presentation of original bills of lading. This situation arises when the bills of lading cannot be produced or released at the load port before the cargo arrives at […]
Reading Time: 4 minutesIntroduction In admiralty actions where there are cross claims, the procedure is governed by Order 75 Rule 41 of The Rules of High Court (Cap.4A) (“RHC”). The rule does not provide for an automatic deadline for a defence to a cross-claim to be filed, instead the Registrar of the High Court may give directions for […]
Reading Time: 4 minutesIntroduction In the recent case of The “Long Bright” [2018] SGHC 216, the Singaporean High Court had to decide on whether the arresting party who wishes to discontinue the action is entitled to release the arrested vessel and stop the judicial sale as of right even after bids from potential buyers have been received. The facts The […]
Reading Time: 4 minutesIntroduction It is well established in the United Kingdom as long ago as 1858 that, an arresting party is not liable to pay for any damage resulting from a wrongful ship arrest[1] unless it acts in bad faith or with gross negligence. Also, an arresting party can arrest the ship as of right. Under such circumstances, […]
Reading Time: 3 minutesIntroduction There is a common perception that the application to remove a child permanently overseas is less likely to be successful if the non-primary care parent is the applicant. Indeed, the Court tends to maintain the current living arrangement of a child in order to avoid significant disruptions in his life. As such, the Court […]
Reading Time: 4 minutesIntroduction The offence of “access to a computer with dishonest or criminal intent” under section 161 of Crimes Ordinance (Cap. 200) (the “Offence”) has been widely used by the prosecution for cases including taking upskirt photos, hacking, cyber frauds and leaving provocative comments on the internet. In a recent ruling of the Court of First […]
Reading Time: 4 minutesIntroduction On 10 October 2018, the UK Supreme Court (the “Court”) in Darnley v Croydon Health Services NHS Trust[2018] UKSC 50 overruled the decisions of lower courts and held the hospital and its reception staff negligent for providing misleading information to patients. Case background The appellant, Darnley, was struck on the head in 2010 and suffered […]
Reading Time: 5 minutesIntroduction ONC Lawyers successfully quashed a conviction in a Court of Final Appeal (“CFA”) case for an appellant charged with conspiracy to defraud for providing prison visiting services. The CFA interpreted the meaning of “friend” in a broad approach in the context of visitors of prisoners on remand awaiting trial (“PATs”) and considered that the […]
Reading Time: 4 minutesOn 9 April 2018 the Competition Commission (the “Commission”) issued an Advisory Bulletin (the “Bulletin”) addressing competition concerns regarding practices in relation to hiring and employment terms and conditions in the employment marketplace (see, our newsletter published in May 2018). The Bulletin is intended to be read alongside with the Commission’s Guideline on the First […]
Reading Time: 4 minutesIn certain banking arrangements in which investments are made in relation to a trust, a fiduciary relationship may arise when the bank or its affiliates act as a corporate trustee of a trust or a director of a company customer. A party may be regarded as a fiduciary if it owes an obligation to act […]
Reading Time: 4 minutesIn Securities and Futures Commission v Cheng Chak Ngok and Another (CACV 95/2017, 10 September 2018), the Securities and Futures Commission (the “SFC”) appealed against the decision of the Market Misconduct Tribunal (the “MMT”) that Mr Cheng Chak Ngok (“Mr Cheng”) had not engaged in insider dealing in the shares of China Gas Holdings Limited (“China Gas”). […]
Reading Time: 3 minutesIntroduction On 6 September 2018, the Competition Commission (the “Commission”) commenced proceedings in the Competition Tribunal (the “Tribunal”) against three companies and two individuals – Mr Chan and Mr Lam in relation to the provision of renovation services at a subsidised housing estate in San Po Kong. Notably, this is the first time that the […]
