The Mental Health (Care and Treatment) Act: Potential for Abuse?
While the powers under the Mental Health (Care and Treatment) Act (Chapter 178A, Rev. Ed. 2012) (MHCTA) in relation to the involuntary admission or detention of mentally disordered persons under...
View ArticleProtecting Our Guardians
A Practitioner’s View on the Issue of Financial Abuse of the Elderly in Singapore There are increasing anecdotal evidence of elderly suffering from financial abuse, but frustratingly, not enough debate...
View ArticleChoosing a Practice Area
They say that, when choosing a pet, we should let the pet choose us. Sit on the floor, they say, among the puppies or kittens, and see which one comes to you. The same happens, consciously or not, in...
View ArticleActio Sequitur Esse – Action Follows from Essence
In the Disney Pixar movie, “Soul”, the main characters, Joe and Soul 22 are engaged in dialogue in the fantastical place called The Great Before. Soul 22 turns to Joe and says, “You can’t crush a soul...
View ArticleCrafting Your Path as a Person-centred Lawyer
Finding the Right Path Forward Congratulations ! You have come a long way, from being qualified for law schools, to securing training contracts in the midst of the COVID-19 pandemic, and finally to...
View ArticleMentoring
Mentorship. It is a well-entrenched idea within professional development and talent management circles. All respectable institutions wax lyrical about it in their recruitment drives and employees are...
View ArticleResurrecting a Company to Enforce an Arbitral Award
This article explores the possibility of resurrecting a company under section 208(1) of the Insolvency, Restructuring and Dissolution Act or section 344(5) of the Companies Act. It considers the...
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Reasonable Doubt, Guilt and the New Hybrid of Composition
A Commentary on Teo Seng Tiong v Public Prosecutor [2021] SGCA 65 A five-coram Court of Appeal has held that previously compounded offences under any law can potentially aggravate the sentence that an...
View ArticleLiability of Maker Towards Subject of Negligent Statement
Tan Woo Thian v PricewaterhouseCoopers Negligent misstatement cases typically involve claims by the recipient of the statement. Since Spring v Guardian Assurance, there has been an increasing number of...
View ArticleCan a Customer Claim Against the Bank for an Authorised Push Payment Fraud?
Authorised push payment fraud, wherein technologically savvy fraudsters impersonate legitimate payees and/or manipulate parties into making real-time payments to the fraudster’s bank account, is on the...
View ArticleTo What Extent Should the Court Consider a Patient’s Wishes and Feelings When...
The Mental Capacity Act (Cap 177A) makes it clear that a decision maker making a decision on behalf of a mentally incapacitated person (P) must consider P’s wishes and feelings. This article aims to...
View ArticleCompensation for Frivolous or Vexatious Prosecution
Parti Liyani v Public Prosecutor [2021] SGHC 146 According to section 359(3) of the Criminal Procedure Code, an acquitted accused person may receive compensation if the prosecution was “frivolous or...
View ArticleInvestors As Stakeholders
Recent Developments of Securities Investor Protection in China China’s securities market has achieved fast growth in the past decades although it remains being dominated by retail investors. Chinese...
View ArticleThe Singapore International Commercial Court in the Context of the Belt and...
Navigating the Seas of International Commercial Disputes This article offers a practitioner’s perspective on China’s ambitious Belt and Road Initiative, as well as how and why the Singapore...
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China Meets Digital Currency: E-CNY and Its Implications for Businesses
China is likely to be the first major economy to issue central bank digital currency (CBDC). China’s CBDC, e-CNY, may lead to a new ecosystem that would profoundly affect business, product offerings...
View ArticleData Protection and Data Security Laws of China
2021 marks an interesting year for China’s data protection scene. On one hand, China reported close to 989 million internet users at the end of 2020. At the same time, 2021 saw the coming into force of...
View ArticleAcquittal Does Not Mean Innocent
Standards of Proof in Criminal Proceedings and What They Mean for the Accused The recent cases of Parti Liyani v PP and PP v Yeo Sow Nam have thrown the spotlight on what it means to be acquitted. This...
View ArticleScope of Duty, Counterfactual Analysis and Birth Defects
The Challenging Case of Khan v Meadows The tort of negligence has evolved into a sophisticated and calibrated framework. Even then, aspects of this elaborate structure are constantly being tweaked and,...
View Article“We Don’t Need Permission to Dance”: Key Features of the New Copyright Act 2021
Dance as a metaphor connotes relationships between control and experimentation, order and improvisation, purpose and play. The Copyright Bill 2021 which was passed in September 2021, and is expected to...
View ArticleApplication of Blockchain-enabled Technology: Regulating Non-fungible Tokens...
Twelve-year old Benyamin Ahmed recently launched two NFTs and made close to half a million dollars. He is not the only one to benefit from NFTs. The surging popularity of NFTs means that a greater...
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