SMU Lexicon: Assistance in Public Lotteries: The Approach in Bijabahadur
Criminal and Litigation,Legal Updates

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 […]

SMU Lexicon: Negotiating Damages for Breach of Contract: Morris-Garner v One-Step (Support) Ltd [2018] UKSC 20
Criminal and Litigation,Legal Contracts,Legal Everyday,Legal Updates

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 […]

SMU Lexicon: Busting Myths: Understanding Prosecutorial Discretion
Criminal and Litigation,Legal Everyday

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 […]

SMU Lexicon: Trading on the Edge – Insider Trading Regulations in Singapore & in U.S.
Legal Everyday

Reading Time: 12 minutesIntroduction In the fast-paced world of trading, everything revolves around gaining an edge. The challenge lies in striving to use information faster than others.[1] If information fresh off the press is great, then a fortiori, information that has yet to hit the press is even better. This gives rise to the issue of insider trading, […]

SMU Lexicon: A Swiss and a Miss: The Future of Swiss-style Patents in Singapore
Legal Updates

Reading Time: 10 minutesExecutive summary  In the recently-decided case of Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd, the Court of Appeal (“CA”) addressed a number of novel issues in Singapore patent law.[1] The dispute between the two pharmaceutical companies was based on Novartis’ potential infringement of Warner-Lambert’s patent. This patent (filed in 1997) claimed a monopoly over […]

SMU Lexicon: Getting to the Root of the Problem: Written Representations to the Select Committee on Deliberate Online Falsehoods
Legal Updates

Reading Time: 24 minutesIntroduction It is acknowledged that deliberate online falsehoods present a real and pressing danger in today’s world. As set out in the Ministry of Communications and Information and Ministry of Law’s Green Paper on “Deliberate Online Falsehoods: Challenges and Implications” (“Green Paper”), the impact of online falsehoods can be significant.[1] However, the motivations that drive […]

SMU Lexicon: No Free Riding: The Scope of Auditors’ Negligence in Barclays
Legal Updates

Reading Time: 10 minutesIntroduction to auditors’ liability in negligence The extent of auditors’ liability in negligence has, on the whole, been a settled area of law, stemming from the important English case of Caparo Industries Inc v Dickman[1] (“Caparo”). There, the plaintiff purchased a controlling stake in another company, having relied on the information contained in the audited […]

SMU Lexicon: The Protection of Contractual Interest – A Comparison between Singapore and Taiwan
Business,Legal Contracts,Legal Updates

Reading Time: 9 minutesIntroduction This paper will compare the contract laws of Singapore and Taiwan in the following areas: the extent to which contractual performance interest is protected; and how remedies of breach of contract are justified and awarded. Sources of contract law in Singapore and Taiwan  Singapore as a former British colony The law of contract in […]

SMU Lexicon: Further amendments to the Companies Act: Annual General Meeting and Annual Returns Filing Requirements
Legal Updates

Reading Time: 6 minutesIntroduction In 2017, the Companies Act[1] (“CA”) underwent another round of reform. Among the new legislative changes are the modifications of the statutory requirements for the annual general meeting (“AGM”) and annual returns (“AR”) filing.[2] These modifications should minimise the regulatory burden on companies in two ways.[3] Firstly, there will be new and more straightforward […]

SMU Lexicon: Punitive Damages & Contract Law: Implications of Airtrust
Legal Updates

Reading Time: 7 minutesIntroduction  In PH Hydraulics & Engineering v Airtrust,[1] the Singapore Court of Appeal (“CA”) addressed a significant point of law in respect of the availability of punitive damages for a breach of contract. In its judgment, the CA held that concept of punishment has no place in the common law of contract. This case note […]

SMU Lexicon: Looking for Creativity in Telephone Directories: Global Yellow Pages
Legal Updates

Reading Time: 5 minutesIntroduction In Global Yellow Pages Ltd v Promedia Directories Pte Ltd (“Global Yellow Pages”),1 the Court of Appeal (“CA”) clarified the extent of copyright protection afforded to databases. In doing so, the CA considered issues of copyright subsistence and infringement for compilation of factual material, providing guidance on the nature of copyright protection in Singapore. […]