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Overseas Union Insurance Ltd V Home and Overseas Insurance Co
Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd and another application [2002] SGHC 83 Case Number : DC Suit 51197/1999, RA 600004/2002, OM 600011/2002 Decision Date : 23 April 2002 Tribunal/Court : High Court Coram : Tay Yong Kwang JC Counsel Name(s) : Liew Teck Huat (Niru & Co) for the plaintiffs/respondents; P Jeya Putra (Joseph Tan Jude Benny) for the defendants/applicants Parties : Overseas Union Insurance Ltd — Home and Overseas Insurance Co Ltd Civil Procedure – Appeals – Leave – Plaintiffs seeking to appeal to High Court against district judge's decision relating to costs – District judge ruling leave to appeal necessary and refusing leave – Appeal by plaintiffs to High Court against district judge's ruling with alternative application for leave to appeal – Defendants applying to strike out appeal – Whether mode should be appeal or application for leave – Whether application for leave out of time – Whether leave to appeal necessary – Whether leave to appeal should be granted – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) – s 50 Interpretation Act (Cap 1, 1999 Ed) – O 2 r 1, O 3 r 2(5) & O 55C r 2 Rules of Court Words and Phrases – 'Amount in dispute' – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) Between OVERSEAS UNION INSURANCE LIMITED (REG NO. 195600074R) ... Plaintiffs And HOME & OVERSEAS INSURANCE COMPANY LIMITED (REG NO. 513813) ... Defendants ORIGINATING MOTION NO. 600011 OF 2002 In the matter of Section 2(1) of the Supreme Court of Judicature Act (Cap 322) and Order 55C Rule 2 of the Rules of Court (Cap 322) And In the matter of DC Suit No. -
(Dawn Tan 11 Mar 10) Final
About Dawn Dawn graduated with First Class Honours from the National University of Singapore Law School in 1997. In 2002 she took a Master of Laws degree from the Harvard Law School where she again achieved academic distinction. Dawn completed her pupilage under Mr Michael Hwang, S.C. at Allen & Gledhill (now Allen & Gledhill LLP) and was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in May 1998. Dawn is also admitted as a Solicitor in England and Dawn Tan Ly-Ru Wales and an Attorney and Counselor-at-Law of the State of New York. Between 1998 and 1999, Dawn was a Justices’ Law Clerk in the Chambers of the former Chief Justice, Mr Yong Pung How. She then served as an Assistant Registrar at the Supreme Court Contact Details Registry and concurrently took up teaching appointments at the National University of Singapore Law School and the then T: 656.225.3819 Department of Law of the Singapore Management University. F: 656.224.1891 Between 2004 and 2006, Dawn was Deputy Director Trade at the Ministry of Trade and Industry where she was involved in the E: [email protected] formulation and implementation of Singapore’s foreign trade policy. She negotiated the Trade in Goods, Rules of Origin and Qualifications Trade Remedies Chapters of Singapore’s Free Trade Agreements with India, Panama, Chile, New Zealand and Brunei (known as LL.B. (Hons), National University of the “Pacific 4”), Kuwait and Pakistan. She also advised on the Singapore (1997) legality of actions taken by other countries, such as anti-dumping LL.M., Harvard Law School (2002) measures, against Singapore companies. -
7. Civil Procedure
(2008) 9 SAL Ann Rev Civil Procedure 143 7. CIVIL PROCEDURE Cavinder BULL SC MA (Oxford), LLM (Harvard); Barrister (Gray’s Inn), Attorney-at-Law (New York State); Advocate and Solicitor (Singapore). Jeffrey PINSLER SC LLB (Liverpool), LLM (Cambridge), LLD (Liverpool); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Professor, Faculty of Law, National University of Singapore. Appeals Leave to appeal 7.1 In Blenwel Agencies Pte Ltd v Tan Lee King [2008] 2 SLR 529, the Court of Appeal held that where the High Court has refused leave to appeal against a decision of the District Court, there can be no further recourse after the High Court has adjudicated on the matter. This case was an extension of the Court of Appeal’s previous judgment in SBS Transit Ltd v Koh Swee Ann [2004] 3 SLR 365, which concerned an application for leave to appeal against the decision of a Magistrate’s Court. 7.2 Andrew Phang JA reiterated the fundamental principle that where a legal decision cannot be appealed against as of right but requires express permission from a named authority before it can be appealed against, the decision of that authority as to whether or not to grant leave to appeal is final (Blenwel Agencies Pte Ltd v Tan Lee King [2008] 2 SLR 529 at [14]). It is clear from s 21(1) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) that the High Court is the authority with the final say as to whether to grant or refuse leave to appeal against a decision of the Subordinate Courts. -
Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple the Incorporated Council of Law Reporting for England and Wales
The Honourable Society of the Middle Temple Middle Society Honourable the The of 2019 Issue 59 Michaelmas 2019 Issue 59 Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple The Incorporated Council of Law Reporting for England and Wales Practice Note (Relevance of Law Reporting) [2019] ICLR 1 Catchwords — Indexing of case law — Structured taxonomy of subject matter — Identification of legal issues raised in particular cases — Legal and factual context — “Words and phrases” con- strued — Relevant legislation — European and International instruments The common law, whose origins were said to date from the reign of King Henry II, was based on the notion of a single set of laws consistently applied across the whole of England and Wales. A key element in its consistency was the principle of stare decisis, according to which decisions of the senior courts created binding precedents to be followed by courts of equal or lower status in later cases. In order to follow a precedent, the courts first needed to be aware of its existence, which in turn meant that it had to be recorded and published in some way. Reporting of cases began in the form of the Year Books, which in the 16th century gave way to the publication of cases by individual reporters, known collectively as the Nominate Reports. However, by the middle of the 19th century, the variety of reports and the variability of their quality were such as to provoke increasing criticism from senior practitioners and the judiciary. The solution proposed was the establishment of a body, backed by the Inns of Court and the Law Society, which would be responsible for the publication of accurate coverage of the decisions of senior courts in England and Wales. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
Cacv 277/2007 in the High Court of the Hong
CACV 277/2007 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 277 OF 2007 (ON APPEAL FROM HCMP NO. 5714 OF 2001) ______________________ IN THE MATTER OF THE ORGANIZED AND SERIOUS CRIMES ORDINANCE (CAP. 455) BETWEEN HUI YAT SING 8th Respondent WONG SUET MUI 9th Respondent and JOHN ROBERT LEES Receiver ______________________ Before : Hon Tang VP, Sakhrani J and Barma J in Court Date of Hearing : 22 February 2008 Date of Judgment: 29 February 2008 ______________________ JUDGMENT ______________________ Hon Tang VP (giving the judgment of the Court): Background 1. Certain realisable property (“the restrained assets”), held in the name of the 8 th and 9 th respondents, were the subject of a restraint order made on 27 October 2001 under section 15 of the Organized and Serious Crimes Ordinance, Cap. 455 (“the Ordinance”). 2. On 10 December 2001, Mr John Robert Lees and Mr Desmond Chung Seng Chiong were appointed joint and several receivers of the restrained assets pursuant to section 15(7) of the Ordinance. Subsequently, Mr Lees became the sole receiver. 3. The 8 th and 9 th respondents, who are husband and wife, were charged with the offence of conspiring between 1 September 1995 and October 2001, to deal with properties knowing or having reasonable grounds to believe that they represented the proceeds of an indictable offence, contrary to section 159A of the Crimes Ordinance, Cap. 200, and section 25 of the Ordinance (“the criminal proceedings”). 4. On 20 September 2002, Gall J varied the restraint order such that the 8 th and 9 th respondents were, inter alia, permitted to have the legal costs of their defence taxed at regular intervals and, thereafter, released from the restrained assets by the receivers to meet their taxed costs (para. -
Grounds of Decision
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE [2020] SGHC 208 Originating Summons No 980 of 2018 Between Republic of India … Plaintiff And Vedanta Resources plc … Defendant GROUNDS OF DECISION [Arbitration] — [Confidentiality] — [Documents] [Arbitration] — [Confidentiality] — [Evidence used in other proceedings] [Arbitration] — [Interlocutory order or direction] — [Court’s power] [Arbitration] — [Arbitral tribunal] — [Competence] [Arbitration] — [Conduct of arbitration] — [Preliminary issues] [Arbitration] — [Declaratory relief] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND FACTS ................................................................................4 THE CAIRN GROUP RESTRUCTURING...............................................................4 INDIA ISSUES ASSESSMENT ORDERS.................................................................4 COMMENCEMENT OF THE ARBITRATIONS ........................................................5 THE ARBITRAL TRIBUNALS ISSUE PROCEDURAL ORDERS ................................6 Cairn Arbitration Procedural Order No. 10..............................................7 Vedanta Arbitration Procedural Order No. 3............................................9 Vedanta Arbitration Procedural Order No. 6..........................................10 Vedanta Arbitration Procedural Order No. 7..........................................11 THE PRELIMINARY QUESTION .............................................................12 -
Arbitration and Mediation – Two Mutually Exclusive Worlds? Intellioffices, Level 3, 146 Robinson Road, Singapore 068909 Thursday, 11 August 2016, 5Pm – 7.15Pm
EARLY BIRD DISCOUNT: Supporting Partner: Register and Pay by 22 July 2016 Public CPD Points: 1.5 Arbitration and Mediation – Two Mutually Exclusive Worlds? Intellioffices, Level 3, 146 Robinson Road, Singapore 068909 Thursday, 11 August 2016, 5pm – 7.15pm About this Seminar: Historically, save in certain countries (notably Germany, parts of Switzerland and China), arbitration and mediation have been considered to be mutually exclusive, particularly when the discussion is about an arbitrator turning mediator and vice-versa. But given the success of mediation in Singapore as a mean of Alternative Dispute Resolution (“ADR”) and the close relationship between the Singapore International Mediation Centre (“SIMC”) and Singapore International Arbitration Centre (“SIAC”), it is time to reassess the arbitration community’s attitude towards actively guiding (and perhaps encouraging) arbitration parties to consider referring the dispute to mediation notwithstanding that arbitration procedures have commenced. Practitioners should recall Sections 16 and 17 of the International Arbitration Act (“IAA”) which expressly contemplate a Tribunal converting itself into a mediator (with the consent of the parties) and thereafter reverting to its position as arbitrator if the mediation proves unsuccessful. In order to stimulate discussion between the arbitration community and the mediation community, Singapore Institute of Arbitrators (“SIArb”) [in conjunction with SIMC] is presenting a seminar on how there might be cross-pollination between the two forms of ADR. To this end, two outstanding speakers who have significant experience of both arbitration and mediation will be discussing this topic: • Professor Lawrence Boo • George Lim SC In addition, commentary will be provided by two guest speakers: • Mr Hee Teng Fong, who will share his experience of how Arb-Med-Arb is practised in China. -
Who's Who Legal: Thought Leaders
Who’s Who Legal: Thought Leaders - Global Elite 2020 Arbitration .................................................................................................................................... 4 Asset Recovery ............................................................................................................................ 5 Aviation - Contentious ................................................................................................................. 7 Aviation - Finance ........................................................................................................................ 7 Aviation - Regulatory ................................................................................................................... 8 Banking - Finance ........................................................................................................................ 9 Banking - Fintech ....................................................................................................................... 10 Banking - Regulatory ................................................................................................................. 10 Business Crime Defence - Corporates ...................................................................................... 11 Business Crime Defence - Individuals ....................................................................................... 12 Capital Markets - Debt and Equity ............................................................................................ -
Lawlink 2019 Contents Contents
law link FROM ACADEMIA TO POLITICS AND BACK PROFESSOR S JAYAKUMAR ‘63 CHARTING THE NEXT CHAPTER JUSTICE ANDREW PHANG ‘82 ON LANGUAGE, LAW AND CODING STEPHANIE LAW ‘14 AN EMINENT CAREER EMERITUS PROFESSOR M. SORNARAJAH AI & THE LAW ASSOCIATE PROFESSOR DANIEL SENG ‘92 THE ALUMNI MAGAZINE OF THE NATIONAL UNIVERSITY OF SINGAPORE FACULTY OF LAW LAWLINK 2019 CONTENTS CONTENTS 02 04 10 16 22 28 Dean’s Diary Alumni Spotlight Student Features Reunions Benefactors Law School Message from the Dean Professor S Jayakumar ’63: Highlights Congratulations Class of 2019 16 Class of 1989 22 From Academia to Politics and Back 03 Michael Hwang SC Class of 1999 24 An Eminent Career 10 30 Justice Andrew Phang ’82: Emeritus Professor M. Sornarajah Delivers SLR Annual Lecture 17 Charting The Next Chapter 05 Class of 2009 25 NUS Giving The Appeal of the Moot 18 AI & the Law 11 Stephanie Law ’14: LLM Class of 2009 26 Chandran Mohan K Nair ‘76 Associate Professor Daniel Seng ’92 & Susan de Silva ‘83: On Language, Law and Coding 08 Rag & Flag 2019 20 12 Scholarship to expand Kuala Lumpur & New York 27 Key Lectures minsets about success Law Alumni Mentor Programme Law IV: Unjust Enrichment 21 14 2019 09 Book Launches Alumni Relations & Development NUS Law Eu Tong Sen Building 469G Bukit Timah Road Singapore 259776 Tel: (65) 6516 3616 Fax: (65) 6779 0979 Email: [email protected] www.nuslawlink.com www.law.nus.edu.sg/alumni Please update your particulars at: www.law.nus.edu.sg/ alumni_update_particulars.asp 1 LAWLINK 2019 ALUMNI SPOTLIGHT DEAN’S DIARY FROM ACADEMIA TO POLITICS PROFESSOR SIMON CHESTERMAN AND BACK History often makes more sense in retrospect (TRAIL). -
Bcl and Mjur Class of 2019/20
FACULTY OF Profiles L AW BCL AND MJUR CLASS OF 2019/20 www.law.ox.ac.uk CLASS OF 2019/20 BCL AND MJUR 1 BCL AND MJUR PROFILE CLASS OF 2019/20 INTRODUCTION ABOUT THE PROGRAMME Oxford is renowned The Oxford Bachelor of Civil Law (BCL) degree has been a for the size, strength, pivotal feature of Oxford’s law provision since the sixteenth and diversity of its century. This rich history has helped to maintain its status as community of legal the most highly regarded taught masters-level qualification scholars drawn from in the common law world. Since 1991, the Magister around the world. Juris (MJur) degree has established a similar outstanding I am delighted to reputation for students from non-common law backgrounds. welcome our new class of BCL and MJur Our students benefit from Oxford’s rigorous tutorial system students to this community. which makes these degree courses so challenging. This The students also come from a diverse range environment demands exceptional academic motivation, of backgrounds; they are united by their focused analytical ability, and the capacity for sustained previous academic achievements and shared work. Students from a wide range of jurisdictions and enthusiasm for the study of law. backgrounds refine their wealth of experience, knowledge and understanding through direct and intensive engagement Christopher Hare with some of the best teachers and researchers in the world Associate Dean of Graduate Studies across a wide range of legal subjects. (Taught Courses) Oxford’s Faculty of Law was ranked second in the world in 2016 QS World University Rankings for law, and second in the Guardian’s UK University Guide 2018.