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Channel: Feature Archives - The Singapore Law Gazette
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The Importance of a Clean Conscience in Breach of Confidence Claims

In a significant decision by the Court of Appeal in I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others [2020] SGCA 32 (I-Admin), the well-established test for breach of confidence was modified to...

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I, Lawyer and the Ethics of Artificial Intelligence

This article examines salient aspects of a recent UK decision on the use of a novel automated facial recognition technology by the police and considers how they may shape or reshape discussions on the...

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Rethinking PT First Media v Astro – Art 16(3), a Sui Generis Remedy?

This article shall analyse the Singapore Court of Appeal’s decision in PT First Media TBK v Astro Nusantara International and explores whether Art 16(3) of the Model Law was ever meant to fall within...

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Liquidation of a Private Limited Company in Thailand

Introduction Among the ASEAN countries, Thailand is one of Singapore’s most important trading partners. As a consequence of the pandemic, Thailand’s economy has been shrinking and company liquidations...

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A Long Overdue Clarification of Wilful Blindness

Implications of Adili Chibuike Ejike and Gobi A/L Avedian This article discusses the difficulty of the doctrine of wilful blindness and the welcome clarification in the Court of Appeal’s decision of...

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Recalibrating a Doctor’s Duty to Advise

Section 37 of the Civil Law Act The past two decades have witnessed significant developments in the area of a doctor’s duty to advise his patient. Whilst observers are still digesting the full...

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Contracting During a Pandemic: Strategies to Minimise Negative Impact

This article discusses how contracting parties may mitigate the negative impact of infectious disease outbreaks on their pre-existing contractual obligations, through the appropriate use of risk...

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Wham Kwok Han Jolovan v Public Prosecutor [2020] SGCA 11

A Watershed Judgment for Article 14 Rights in Singapore? To what extent is the Article 14 constitutional right to freedom of speech, assembly, and association protected in Singapore? On a practical...

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Digital Tokens and Market Conduct Laws

The crypto world has a reportedly notorious reputation for market manipulation in digital token and cryptocurrency trades. At the same time, there is a rise of security tokens which constitute capital...

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Legal Risks Beneath Blockchain-enabled Smart Contracts

Blockchain technology and its various applications have been gaining momentum rapidly in recent years. With the ability to disrupt whole industries and multi-national corporations, regulators have...

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Section 18(4) of the Misuse of Drugs Act

Mohammad Azli bin Mohammad Salleh v Public Prosecutor and Another Appeal and Other Matters [2020] 1 SLR 1374 This article seeks to unpack the Court of Appeal’s four salient points regarding section...

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The Role of Prosecutors as Ministers of Justice

Disclosure of Unused Material, and Calling of Witnesses at Trial (Part I) This two-part article examines two aspects intimately related to a prosecutor’s role as a Minister of Justice – the...

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Fraudulent Transactions in an Online World

This article considers the new normal of online payment transactions and the guidelines applicable to the situation of a fraudulent transaction. How effective are they at protecting consumers? Are...

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Comparative Perspectives on Mediation in New York and Singapore

 Lessons for Court-administered ADR Services New York and Singapore are both highly regarded centres of mediation practice and scholarship, at the very forefront of the development of the industry...

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The Role of Prosecutors as Ministers of Justice

Disclosure of Unused Material, and Calling of Witnesses at Trial (Part II) This two-part article examines two aspects intimately related to a prosecutor’s role as a Minister of Justice – the...

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Should Singapore’s Courts Interpret Copyright Laws Expansively to Accommodate...

Courts over the world have been grappling with the boundaries of copyright law with the advent of new technologies. This article evaluates whether Singapore’s courts should interpret copyright laws...

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Making it Mandatory to be Vaccinated Against COVID-19: A Framework for Employers

As the world and employers alike want to see things go back to “normal” after over a year into the fight against COVID-19, many are hoping the vaccines will be a tool to help with this. Can employers...

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Indemnity Costs in Unsuccessful Challenges to Arbitral Awards

As a general rule, costs on an indemnity basis should be exceptional, and ought to be exceptionally justified. In BTN v BTP [2021] SGHC 38, the Singapore High Court considered the desirability of a...

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Perhaps It is Time to Consider a Spandeck Approach to Developing Sentencing...

Since the formation of the Sentencing Council in March 2013, the number of sentencing guideline judgments have proliferated. There are six common sentencing approaches: “five-step sentencing bands”...

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Mad About Memes … But is it Fair Use in Singapore?

This article assesses whether memes which are circulated on social media and the internet would be considered fair use or fair dealing under Singapore copyright law. It makes references to the...

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