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  Subjects -> LAW (Total: 1467 journals)
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LAW (877 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Rechtsidee     Open Access   (Followers: 3)
Religion, State and Society     Hybrid Journal   (Followers: 6)
Revenue Law Journal     Open Access  
Review of Central and East European Law     Hybrid Journal   (Followers: 8)
Review of European Administrative Law     Full-text available via subscription   (Followers: 1)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of Finance     Hybrid Journal   (Followers: 55)
Review of Litigation, The     Full-text available via subscription  
Review of Politics     Full-text available via subscription   (Followers: 5)
Revista Acadêmica : Faculdade de Direito do Recife     Open Access  
Revista Arbitrada de Ciencias Jurídicas y Criminalísticas Iustitia Socialis     Open Access  
Revista Brasileira de Direito     Open Access   (Followers: 2)
Revista Catalana de Dret Privat     Open Access  
Revista catalana de dret públic     Open Access   (Followers: 2)
Revista CESCO de Derecho de Consumo     Open Access   (Followers: 2)
Revista Chilena de Derecho     Open Access   (Followers: 2)
Revista Chilena de Derecho del Trabajo y de la Seguridad Social     Open Access  
Revista Chilena de Derecho Privado     Open Access   (Followers: 1)
Revista Chilena de Derecho y Tecnología     Open Access   (Followers: 1)
Revista Chilena de Historia del Derecho     Open Access   (Followers: 1)
Revista Científica do Curso de Direito     Open Access  
Revista da Faculdade de Direito UFPR     Open Access   (Followers: 1)
Revista da Faculdade Mineira de Direito     Open Access  
Revista de Bioética y Derecho     Open Access  
Revista de Ciencias Jurídicas     Open Access   (Followers: 1)
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho (Coquimbo)     Open Access  
Revista de Derecho (Valparaiso)     Open Access  
Revista de Derecho de la Seguridad Social, Laborum     Open Access   (Followers: 2)
Revista de Derecho de la UNED (RDUNED)     Open Access  
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Derecho Fiscal     Open Access  
Revista de Derecho Político     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Público     Open Access  
Revista de Direito     Open Access  
Revista de Direito Agrário e Agroambiental     Open Access  
Revista de Direito Ambiental e Socioambientalismo     Open Access  
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de Direito da Administração Pública     Open Access  
Revista de Direito da Faculdade Guanambi     Open Access  
Revista de Direito Sanitário     Open Access  
Revista de Direito Sociais e Políticas Públicas     Open Access  
Revista de Educación y Derecho     Open Access  
Revista de Estudios de la Justicia     Open Access  
Revista de Estudios Historico-Juridicos     Open Access   (Followers: 1)
Revista de Estudos Empíricos em Direito     Open Access  
Revista de Estudos Institucionais     Open Access  
Revista de Historia del Derecho     Open Access   (Followers: 1)
Revista de la Escuela de Medicina Legal     Open Access   (Followers: 3)
Revista de la Facultad de Derecho     Open Access  
Revista de la Facultad de Derecho y Ciencias Políticas     Open Access  
Revista de la Maestría en Derecho Procesal     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista de Llengua i Dret     Open Access  
Revista de Movimentos Sociais e Conflitos     Open Access  
Revista de Processo, Jurisdição e Efetividade da Justiça     Open Access  
Revista de Sociologia, Antropologia e Cultura Jurídica     Open Access  
Revista Derecho del Estado     Open Access  
Revista Diálogos do Direito     Open Access  
Revista Digital Constituição e Garantia de Direitos     Open Access  
Revista Digital de Derecho Administrativo     Open Access  
Revista Direito Ambiental e Sociedade     Open Access   (Followers: 1)
Revista Direito GV     Open Access   (Followers: 1)
Revista Direitos Emergentes na Sociedade Global     Open Access   (Followers: 1)
Revista Direitos, Trabalho e Política Social     Open Access  
Revista do Curso de Direito     Open Access  
Revista do Curso de Direito do Centro Universitário Brazcubas     Open Access  
Revista Electrónica Cordobesa de Derecho Internacional Público : RECorDIP     Open Access  
Revista Eletrônica Direito e Política     Open Access  
Revista Eletrônica do Curso de Direito - PUC Minas Serro     Open Access  
Revista Eletrônica do Curso de Direito da UFSM     Open Access   (Followers: 2)
Revista Española de Medicina Legal     Full-text available via subscription   (Followers: 1)
Revista Estudios Jurídicos     Open Access  
Revista Estudios Socio-Jurídicos     Open Access   (Followers: 1)
Revista Eurolatinoamericana de Derecho Administrativo     Open Access  
Revista Historia y Justicia     Open Access  
Revista Icade. Revista de las Facultades de Derecho y Ciencias Económicas y Empresariales     Full-text available via subscription  
Revista Internacional de Derecho del Turismo     Open Access  
Revista IUS     Open Access  
Revista Jurídica     Open Access   (Followers: 1)
Revista Jurídica da UFERSA     Open Access  
Revista Jurídica de Asturias     Open Access  
Revista Jurídica de la Universidad de León     Open Access  
Revista Jurídica do Cesuca     Open Access  
Revista Jurídica IUS Doctrina     Open Access  
Revista Jurídica Portucalense/Portucalense Law Journal     Open Access  
Revista Jurídica Universidad Autónoma de Madrid     Open Access  
Revista Latinoamericana de Derecho Social     Open Access   (Followers: 1)
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Opinión Jurídica     Open Access  
Revista Pedagogía Universitaria y Didáctica del Derecho     Open Access  
Revista Persona y Derecho     Full-text available via subscription  
Revista Pesquisas Jurídicas     Open Access  
Revue générale de droit     Full-text available via subscription   (Followers: 3)
Revue internationale de droit pénal     Full-text available via subscription  
Revue Marocaine de Droit, d’Economie et de Gestion     Open Access  
Revue pro právo a technologie     Open Access  
Riau Law Journal     Open Access  
RUDN Journal of Law     Open Access  
Russian Law Journal     Open Access  
Russian Politics & Law     Full-text available via subscription   (Followers: 9)
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg     Full-text available via subscription   (Followers: 1)
Santa Clara Computer & High Technology Law Journal     Open Access   (Followers: 5)
Santa Clara Law Review     Open Access  
Science & Justice     Hybrid Journal   (Followers: 444)
ScienceRise : Juridical Science     Open Access  
Scientiam Juris     Open Access   (Followers: 1)
Scientometrics     Hybrid Journal   (Followers: 37)
SCRIPTed - A Journal of Law, Technology & Society     Open Access   (Followers: 13)
Seattle Journal for Social Justice     Open Access   (Followers: 3)
Seattle University Law Review     Open Access   (Followers: 3)
Selçuk Üniversitesi Hukuk Fakültesi Dergisi / Selçuk Law Review     Open Access  
Seqüência : Estudos Jurídicos e Políticos     Open Access  
Seton Hall Circuit Review     Open Access  
Seton Hall Journal of Sports and Entertainment Law     Open Access   (Followers: 3)
Seton Hall Law Review     Open Access   (Followers: 2)
Singapore Academy of Law Annual Review of Singapore Cases     Full-text available via subscription  
Singapore Academy of Law Journal     Full-text available via subscription  
Singapore Journal of Legal Studies     Full-text available via subscription   (Followers: 4)
Social & Legal Studies     Hybrid Journal   (Followers: 9)
Social Security Reporter     Full-text available via subscription   (Followers: 3)
Società e diritti     Open Access  
Sociologia del diritto     Full-text available via subscription   (Followers: 1)
Sociological Jurisprudence Journal     Open Access  
Soumatera Law Review     Open Access  
South African Crime Quarterly     Open Access   (Followers: 9)
South African Journal of Bioethics and Law     Open Access   (Followers: 1)
South African Journal of Environmental Law and Policy     Full-text available via subscription  
South African Law Journal     Full-text available via subscription   (Followers: 5)
South East European University Review (SEEU Review)     Open Access   (Followers: 1)
Southern African Public Law     Full-text available via subscription  
Southern Illinois University Law Journal     Open Access   (Followers: 1)
Sri Lanka Journal of Forensic Medicine, Science & Law     Open Access   (Followers: 1)
St. John's Law Review     Open Access  
Stanford Law & Policy Review     Full-text available via subscription   (Followers: 5)
Stanford Law Review     Free   (Followers: 35)
Stanford Technology Law Review     Free   (Followers: 1)
Statute Law Review     Hybrid Journal   (Followers: 17)
Statutes and Decisions : Laws USSR     Full-text available via subscription   (Followers: 2)
Studenckie Zeszyty Naukowe     Open Access  
Studia Canonica     Full-text available via subscription  
Studia Iuridica Lublinensia     Open Access  
Studia Iuridica Toruniensia     Open Access  
Studia z Prawa Wyznaniowego     Open Access   (Followers: 1)
Studies in Social Justice     Open Access   (Followers: 10)
Suffolk University Law Review     Free  
Suhuf     Open Access  
Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Supremasi Hukum : Jurnal Penelitian Hukum     Open Access  
Supreme Court Review, The     Full-text available via subscription   (Followers: 6)
Sustainable Development Law & Policy     Open Access   (Followers: 12)
Swiss Political Science Review     Hybrid Journal   (Followers: 13)
Sydney Law Review     Full-text available via subscription   (Followers: 14)
Syiar Hukum     Open Access  
Tanjungpura Law Journal     Open Access  
Társadalomkutatás     Full-text available via subscription   (Followers: 1)
Tax Law Review     Full-text available via subscription   (Followers: 11)
Te Mata Koi : Auckland University Law Review     Full-text available via subscription   (Followers: 7)
Teisė : Law     Open Access  
Temas Socio-Jurídicos     Open Access  
Texas Journal of Women and the Law     Full-text available via subscription   (Followers: 1)
Texas Law Review     Free   (Followers: 10)
Texas Review of Law & Politics     Full-text available via subscription   (Followers: 1)
The American Lawyer     Full-text available via subscription   (Followers: 2)
The Journal of Legislative Studies     Hybrid Journal   (Followers: 12)
The Jurist : Studies in Church Law and Ministry     Full-text available via subscription   (Followers: 1)
The Modern American     Open Access   (Followers: 1)
The National Legal Eagle     Open Access  
THEMIS - Revista de Derecho     Open Access   (Followers: 3)
Theoretical Criminology     Hybrid Journal   (Followers: 40)
Theoretical Inquiries in Law     Hybrid Journal   (Followers: 7)
Theory and Practice of Legislation     Full-text available via subscription   (Followers: 2)
Ticaret ve Fikri Mülkiyet Hukuku Dergisi     Open Access  
Tidsskrift for erstatningsrett, forsikringsrett og trygderett     Full-text available via subscription  
Tidsskrift for Rettsvitenskap     Full-text available via subscription  
Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review     Hybrid Journal   (Followers: 17)
Tijdschrift voor Religie, Recht en Beleid     Full-text available via subscription   (Followers: 1)
Tilburg Law Review     Open Access   (Followers: 5)
Toruńskie Studia Polsko-Włoskie     Open Access  
Touro Law Review     Open Access  
Transactions : The Tennessee Journal of Business Law     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Transnational Legal Theory     Hybrid Journal   (Followers: 3)
Transport Policy     Hybrid Journal   (Followers: 16)
Transportation Planning and Technology     Hybrid Journal   (Followers: 8)
Trusts & Trustees     Hybrid Journal   (Followers: 8)
Tulane Law Review     Open Access   (Followers: 4)
Tulsa Law Review     Open Access   (Followers: 1)
UCL Journal of Law and Jurisprudence     Open Access   (Followers: 3)
UCLA Entertainment Law Review     Open Access  
UCLA Law Review     Free   (Followers: 8)
UCLA Women's Law Journal     Open Access   (Followers: 2)
Udayana Journal of Law and Culture     Open Access  
UniSA Student Law Review     Open Access  
University of Baltimore Journal of Land and Development     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
Singapore Academy of Law Annual Review of Singapore Cases
Number of Followers: 0  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0219-6638
Published by RMIT Publishing Homepage  [395 journals]
  • Issue Annual Review 2016 - List of contributors
    • PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Editorial note
    • Abstract: Sood, Teo Keang; Yihan, Goh
      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Arbitration
    • Abstract: Boo, Lawrence; Rivera-Dolera, Earl J
      In 2016, Singapore courts continued to see a flow of arbitration cases seeking judicial assistance albeit by a significantly lesser number than those filed in 2015. These cases involve the enforcement of the arbitration agreement by way of stay of court, injunction, and setting-aside applications. Based on the decisions reported, Singapore courts had on six occasions been asked to stay their own court proceedings in favour of arbitration.1 There were only four cases (down from 2015's staggering nine cases) which were brought to set aside arbitral awards. The decrease in number is quite telling of Singapore court's reputation of following a strict, narrow, and rather "high threshold" approach when requested to set aside what ought to be unimpeachable arbitral awards. There was also the occasional application for interim measures such as sealing orders.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Agency and partnership law
    • Abstract: Koh, Pearlie; Bull, Stephen
      The question of whether an agency relationship existed between the issuing bank and the nominated bank in the context of a documentary credit transaction arose in Grains and Industrial Products Trading Pte Ltd v Bank of India. In brief, Indian Bank issued a letter of credit in favour of Grains and Industrial Products Trading Pte Ltd ("GRIPT") which incorporated the terms of the Uniform Customs and Practice for Documentary Credits 600 ("UCP 600"). The Bank of India ("BOI") was nominated to accept a presentation of documents and to effect payment on the letter of credit. Documents complying with the specifications under the letter of credit were tendered by GRIPT to BOI in good time. BOI did not pay the contract price but, eventually, transmitted the documents to Indian Bank a month after receipt, by which time the letter of credit had expired. Indian Bank rejected the documents and declined to honour the letter of credit. The Court of Appeal affirmed the decision of the High Court that Indian Bank was liable to do so. Under the terms of UCP 600, the issuing bank's liability to honour the credit at its maturity was triggered once the beneficiary made a complying and timely presentation to the nominated bank. Indian Bank claimed against BOI for an indemnity in respect of its liability to GRIPT. The question, as far as is relevant for present purposes, was whether BOI was the agent of Indian Bank for the purposes of the receipt of the documents.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Admiralty and shipping law
    • Abstract: Toh, Kian Sing; Chan, Leng Sun
      The year 2016 saw a total of six mostly lengthy admiralty decisions handed down by the Singapore courts - two by the Court of Appeal, and four by the High Court. These decisions are reviewed below.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Administrative and constitutional law
    • Abstract: Thio, Li-Ann
      In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Table of cases
    • PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Competition law
    • Abstract: Anandarajah, Kala
      The year 2016 was an important year for the Competition Commission of Singapore ("CCS"). It marked its tenth year of enforcement, with the Competition Act1 ("Act") coming into force in 2006. CCS also hosted the annual conference of the International Competition Network ("ICN"), which saw enforcers and competition professionals congregate in Singapore. Various papers were presented including discussions on government advocacy and disruptive innovation.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Company law
    • Abstract: Puchniak, Dan W; Tan, Cheng Han
      The authors have in previous editions of this work commented on the unsatisfactory state of the law in this area. While the courts' discretion to ignore the separate personality of a corporate vehicle for limited purposes in exceptional circumstances is well-established, the use of metaphors such as "fa ade" and "sham" in this context has led to a lack of clarity over when such an exercise should take place. In Prest v Petrodel Resources Ltd1 ("Prest"), the UK Supreme Court analysed the issue in some detail. Lord Sumption, who delivered the leading judgment, concluded that veil-lifting is justified where a company's separate legal personality is being abused for the purpose of some relevant wrongdoing. Having framed the principle, thus, his Lordship stated that there are two further distinct principles that are at play when considering veil-lifting, namely, the "concealment principle" and the "evasion principle". The former is not a true case of veil-lifting as the courts are only identifying the real parties to a transaction. As such, Lord Sumption concluded that the only real case of corporate personality being disregarded arises where the evasion principle applies, namely, if there is a legal right against a person in control of a company, and a company is interposed with the goal of defeating such right or frustrating its enforcement.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Civil procedure
    • Abstract: Bull, Cavinder; Chia, Voon
      While amendments to pleadings may be allowed at any stage, the court will generally be more reluctant to allow such amendments once trial has commenced. In 'Parakou Shipping Pte Ltd v Liu Cheng Chan', the plaintiff orally applied to amend its statement of claim to include a new cause of action against the first to fourth defendants during trial. The High Court disallowed the plaintiff's amendments for three main reasons. Firstly, if the plaintiff 's amendments were allowed, the first to fourth defendants would seek a vacation of the remaining trial dates to prepare to meet the proposed claims, which were based on facts known to the plaintiff from the very beginning. Secondly, allowing the plaintiff's proposed amendments would be giving the plaintiff a second bite of the cherry, given that the plaintiff's original case had been considerably weakened in the course of cross-examination. Thirdly, allowing the amendments would affect the management of the courts' resources and scheduling due to the need to vacate the rest of trial. These, coupled with the absence of a good explanation for the plaintiff's failure to seek the amendments earlier, led the court to hold that the surprise occasioned by the proposed amendments caused prejudice, which was not compensable in costs.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Building and construction law
    • Abstract: Chow, Kok Fong; Chuah, Christopher; Pillay, Mohan
      Construction contracts are voluminous, a large part of which may consist of standard documents or provisions incorporated from other contracts and documents. The documentation process is often a hurried undertaking and the standard provisions and incorporated terms may not always be consistent with each other. More crucially, these terms may conflict with documents which are drafted specifically for the particular contractual situation. In 2016, the issue of how to resolve these conflicts surfaced before the Court of Appeal on two occasions.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Biomedical law and ethics
    • Abstract: Chan, Tracey Evans; Prabakaran, Prem Raj
      The year 2016 saw two significant decisions. In Hii Chii Kok v Ooi Peng Jin London Lucien1 ("Hii Chii Kok"), the High Court considered questions of informed consent and non-delegable duty ("NDD") in a medical negligence action. In Singapore Medical Council v Wong Him Choon2 ("Wong Him Choon"), the Court of Three Judges allowed an appeal by the Singapore Medical Council ("SMC") against the decision of a disciplinary tribunal ("DT") to acquit a medical practitioner of professional misconduct. The medical practitioner had been charged with inappropriately: giving a patient insufficient hospitalisation leave; and certifying the patient to be fit to perform light duties. The Court of Three Judges also made several observations in the process.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Banking law
    • Abstract: Neo, Dora
      The most difficult banking law decision of 2016 must have been the Court of Appeal's decision in Grains and Industrial Products Trading Pte Ltd v Bank of India ("Grains and Industrial Products (CA)"), on appeal from the decision of Lee Kim Shin JC in the High Court. The Court of Appeal delivered a split 2:1 decision, with Sundaresh Menon CJ and Andrew Phang Boon Leong JA forming the majority, and Chan Sek Keong SJ in the minority. Chan SJ agreed with the majority judges on the outcome of the appeal, but differed partially on the reasons for their decision, in respect of the relationship between a nominated bank and the issuing bank.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Criminal law
    • Abstract: Prabakaran, Prem Raj
      This review is in two parts: cases that involved offences under the Penal Code; and cases that involved offences under other statutes.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Contract law
    • Abstract: Goh, Yihan; Lee, Pey Woan; Tham, Chee Ho
      The High Court decision of Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd ("Independent State of Papua New Guinea") provides valuable guidance on general aspects of contractual formation. In this case, BHP Billiton Limited's ("BHPB") predecessor wished to close a mine in Papua New Guinea. BHPB's precedessor, as part of its exit plans, agreed to transfer its interest in the mining operations to PNG Sustainable Development Program Limited ("PNGSDP"), an independent third party, in exchange for certain concessions. Clause 9 and Art 52 of the Memorandum and Articles of Association ("M and A") allegedly gave the State the right to inspect PNGSDP's accounts. The present case concerned the State's originating summons for an order that it be allowed to inspect and take copies of PNGSDP's accounts. In particular, the State argued that it had such a right not only by virtue of the M and A, but also a collateral contract comprising the terms of the M&A. This, therefore, raised issues concerning whether a collateral contract was concluded between the State, BHPB, and PNGSDP, as well as whether that contract was supported by consideration.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Conflict of laws
    • Abstract: Lee, Joel Tye Beng
      For 2016, there are 13 cases that will be examined in this review.

      As in previous years, it is useful to note that conflict of laws cases sometimes relate to other areas of law. In these situations, this review will only examine those parts of the case that are relevant to the field of conflict of laws.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Intellectual property law
    • Abstract: Tan, David; LAI, Stanley Tze Chang
      Copyright demands originality, and accordingly, copyright protection extends only to those components of a work that are original to the author. It is well-established in copyright law that facts, whether alone or as part of a compilation, are not original and, therefore, may not be copyrighted. More than two decades ago, the US Supreme Court made a landmark ruling in Feist Publications Inc v Rural Telephone Service Co Inc ("Feist") that rejected the "sweat of the brow" doctrine, and held that a factual compilation may receive copyright protection only if it features "an original selection or arrangement". In Global Yellow Pages Ltd v Promedia Directories Pte Ltd3 ("Global Yellow Pages"), the High Court finally had the opportunity to consider the applicability of Feist to Singapore when deciding whether copyright subsisted in the plaintiff 's telephone directories. The evidence was heard over 23 days, and the statement of claim was amended six times.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Insurance law
    • Abstract: Kwek, Winston Choon Lin
      The year 2016 saw the UK Insurance Act 2015 ("Act") taking effect in August 2016. The UK insurance market is adjusting to the legislative changes introduced by this Act that have not been tested in the UK courts. The Singapore Academy of Law has formed a law reform subcommittee (insurance) to study these changes and evaluate if our laws ought to adopt or follow suit. In the meantime, the following cases were reported, with each applying well-established principles, with no extension or development of legal principles.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Insolvency law
    • Abstract: Poon, Kelvin; Sim, Kwan Kiat
      Much attention in 2016 centred around the cases on cross-border insolvency, as Singapore then stood at the cusp of adopting the UNCITRAL Model Law on Cross-Border Insolvency ("Model Law") by way of the Companies (Amendment) Act 2017. It will be interesting to see how the common law interplays with the Model Law once the relevant amendments come into effect. Apart from cross-border insolvency, noteworthy cases in 2016 dealt with partial reversal of unfair preference transactions, statutory demands and statutory adjudication under the Building and Construction Industry Security of Payment Act, application for leave to continue legal proceedings against a company in liquidation, stay of winding-up orders, and discounting related creditors' votes in a scheme of arrangement.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Family law
    • Abstract: Chen, Siyuan
      This chapter is divided into four main parts: custody; division of matrimonial assets; divorce and validity of marriage; and maintenance.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Equity and trusts
    • Abstract: Tang, Hang Wu
      Kuntjoro Wibawa v Harianty Wibawa1 is an interesting case which deals with the world of offshore trusts in relation to modern wealth management. The Wibawa family was a wealthy Indonesian family. The family patriarch died in 2000 and the matriarch, Harianty Wibawa, was appointed to be the sole executrix and trustee of the patriarch's Will. While the Will provided for the patriarch's property to be distributed to Harianty and their sons and daughters, the distribution never took place. Instead, Harianty settled a trust called the Pride Wise Trust. The Pride Wise Trust was set up because the family received letters from the Indonesian tax authorities inviting the family to attend at their offices in Jakarta to discuss their US-dollar denominated assets.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Criminal procedure, evidence and sentencing
    • Abstract: Mohamed Faizal, Mohamed Abdul Kadir; Lee, Jwee Nguan
      It is perhaps reflective of the current trends that the Court of Appeal has seen, in recent times, a marked increase in the number of challenges arising in instances where convicted individuals have been sentenced to capital punishment. Indeed, this distressing move of having multiple challenges filed one after another for the very same case was denigrated by the Court of Appeal which, quite understandably, takes "exception to such a drip-feeding approach which clearly squanders valuable judicial time", with the court making plain that it will not countenance itself "to be used by either ingenious counsel or a determined applicant as a means for delaying the conclusion of a case".

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Securities and financial services regulation
    • Abstract: Tjio, Hans
      There were fewer cases in 2016 (as compared to 2015) which involved securities regulation broadly understood. The area not being clearly defined can be seen in the fact that it only came about when Prof Louis Loss put together the first book on the area (which he first termed) in 1951, drawing strands from disparate areas of finance law. In Singapore, this is also attested to by the fact that the most important case discussed here is that of 'Vintage Bullion DMCC v Chan Fook Yuen', which was about whether certain financial assets were held by a financial institution on trust for its investors or fell for distribution to its unsecured investors. Yet, it falls within the rubric of the regulation of securities market intermediaries. As securities regulation also covers areas where private ordering interacts with formal regulation, there is also some discussion at the end of this review of both contractual arrangements made in the shadow of listing and business rules.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Revenue and tax law
    • Abstract: Tan, Kay Kheng; Goh, Leonard
      Again, a "relatively quiet" year for tax litigation, the Supreme Court delivered only three decisions in 2016 which may be regarded as having some "passing relevance" to revenue law as no substantive issues of revenue law were judicially considered. One decision covered specifically the issue of legal professional privilege in the context of an interlocutory application within a suit brought by the comptroller of income tax, which is itself a sequel to the proceedings in 'Comptroller of Income Tax v AQQ' ("AQQ"). A second case involving a foreign demerger of companies discussed stamp duty in passing. Finally, a third case explained the decision of 'ABD Pte Ltd v Comptroller of Income Tax' ("ABD") in relation to one of the sub-issues being considered by the court.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Restitution
    • Abstract: Yip, Man
      In 2016, there were nine cases that substantively discussed the law of unjust enrichment and restitution. Most of the cases concerned a claim for restitution for unjust enrichment, with focus on the "unjust factor" inquiry. Two cases are of note. In 'Singapore Swimming Club v Koh Sin Chong Freddie' ("Singapore Swimming Club"), a claim in unjust enrichment was advanced on the basis of mistake of fact. As the case concerned an unincorporated association, the dispute belied a difficult issue concerning whose mistake was relevant and the further issue of attribution of state of mind. In 'AAHG LLC v Hong Hin Kay Albert' ("AAHG"), the High Court endorsed, without elaboration, "lack of consent", a controversial ground of restitution, as an unjust factor under Singapore law.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Muslim law
    • Abstract: Mohamed Faizal, Mohamed Abdul Kadir
      As was explicated in the inaugural chapter on this topic in this annual review, the melange of both civil and religious laws that regulate Muslims in Singapore, and the interplay between the two conceptually-distinct but inextricably interlinked regimes, is one that is "not always well-understood". The blended approach that has taken root in Singapore - one which vests jurisdiction for certain personal law matters in the Islamic realm in the civil courts or the Syariah Court to the exclusion of the other, while vesting jurisdiction in both fora for others - has perhaps unsurprisingly resulted in the civil courts expounding periodically on significant and weighty issues of the day that bear considerable implications for one's understanding of the practice and contours of Muslim law in the domestic context. The continuous quest to ensure coherent symbiosis in such a melded framework can predictably on occasion bring to fore challenging issues of jurisdiction, issues that do not often lend themselves to easy or intuitive outcomes.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Legal profession
    • Abstract: Lai, Yew Fei
      This review covers 17 cases, comprising two cases on ad hoc admission of foreign counsel, three decisions by the Court of Three Judges and 12 decisions by the Disciplinary Tribunal ("DT"). The disciplinary cases touched on a range of conduct, spanning from prohibited borrowing transactions and sexual indiscretions to chronically poor case management.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Land law
    • Abstract: Teo, Keang Sood
      In 'Tien Choon Kuan v Tien Chwan Hoa', the plaintiff and defendant had purchased a Housing and Development Board ("HDB") flat as joint tenants. Later, the plaintiff severed the joint tenancy to create a tenancy in common in equal shares. Subsequently, the plaintiff applied by way of originating summons ("OS") for an order to rectify the land register to reflect the manner of holding in unequal shares based on the parties' relative contributions to the flat, namely, 94.4% to the plaintiff and 5.6% to the defendant. The application was dismissed given its potentially contentious nature and the plaintiff was ordered to convert the OS into a writ action so that the relevant evidence could be adduced in court.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
  • Issue Annual Review 2016 - Tort law
    • Abstract: Amirthalingam, Kumaralingam; Chan, Gary Kok Yew
      The plaintiff in Tan Bee Hock v F G Builders Pte Ltd1 was riding a motorbike when he skidded on a metal plate placed by the defendant at the entrance to a condominium. The plaintiff sued for his injuries in negligence, nuisance, and breach of statutory duty. On the facts, Kannan Ramesh JC (as his Honour then was) found that there was nothing unsafe about the metal plate and dismissed the claims in nuisance and negligence. Having found that the defendants had not done anything unsafe, Ramesh JC also dismissed the breach of statutory duty action, and in doing so, observed that even if the defendant had breached the Code of Practice for Traffic Control at Work Zone (2006 Ed), this code was not intended to give rise to a private cause of action, being designed only to offer practical guidance on traffic safety rather than to impose legal obligations.

      PubDate: Thu, 8 Feb 2018 16:43:36 GMT
       
 
 
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