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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    From Ultra Vires to Agency: A Comment on the Recent Modifications to the Ultra Vires Doctrine

    Citation: [1986] Sing JLS 17
    This article deals with the many deficiencies in the new model ultra vires doctrine introduced by the recent English Court of Appeal decision in the Rolled Steel case. This article also assesses the impact of this decision on Section 25 of the Singapore Companies Act.
  • Article

    Defects in Construction: Recent Developments in the Law Relating to Limitation of Actions

    Citation: [1987] Sing JLS 18
    This article considers how the law of limitation of actions has developed through judicial interpretation of statutory provisions. The main perspective is that of the construction industry and, in particular, it addresses the problems created by latent defects in buildings which materialise after the completion of the construction process. The attempts by the courts to operate the 'Pirelli principle' are discussed and the potential problems created by the so-called 'doomed-from-the-start exception' are explored. The article concludes with a consideration of the legislative response to the difficulties created by hidden defects, namely the Latent Damage Act 1986, and suggests that legislation may also be necessary in jurisdictions such as that of Singapore where similar difficulties are to be anticipated.
  • Article

    Women in English Family Law: When Is Equality Equity?

    Citation: [2011] Sing JLS 18
    The principle that women are equal with men lies at the heart of their emancipation, and underpins the enactment of the Women's Charter of Singapore. But the question of how that equality is to be reflected in women's treatment under the law is more complicated. The device usually employed in the law is that of formal equality - on the face of the legislation, or in the case-law, women are to be regarded and assumed to be equal. But it does not follow from the principle that men and women should be treated as equal under the law, that their position in the wider society is in fact equal. This article examines two key aspects of English family law which exemplify the problem of the gap between formal and substantive equality for women: asset division on divorce and post-separation parenting.
  • Article

    Shadow Banking in Singapore

    Citation: [2017] Sing JLS 18
    Shadow banking is a phenomenon of global concern because it entails risks for financial stability that need to be adequately addressed by regulation. Easier said than done, one could object, because it is a tricky task for regulators to respond appropriately. Singapore, one of the largest financial centres in Asia and the world, is a hub for financial intermediaries that are considered shadow banks. Data transmitted by Singapore to the Financial Stability Board provides the basis for this analysis of the relevance of shadow banks and risk-containing regulation applicable to them—the first of its kind for Singapore. In line with global efforts to curb risks for financial stability while avoiding excessive limitations on useful financial services, the article points out areas in which particular vigilance is indicated and suggests changes to existing regulation.
  • Article

    Enforcement Design for Data Privacy: A Comparative Study

    Citation: [2021] Sing JLS 19
    This article explores whether design of enforcement mechanisms in data privacy laws influences the types of privacy harms addressed by them through evaluating evidence of enforcement from four jurisdictions. It uses three of the foundational design principles identified by Cavoukian to examine if each category of data privacy (data quality, access rights, use, disclosure, security and so forth) should be addressed through enforcement tools suited to their characteristics. The evidence supports the need for proactive regulator-led enforcement, rather than reactive litigation by complainants in relation to some areas. Such enforcement also has an educative function aligning with the principle of transparency. Where full functionality necessitates mechanisms for individuals to litigate complaints, the research found that specialist tribunals were more sympathetic to complainants than were courts. It also discovered that litigation by individuals tended to be linked to disputes between the parties unrelated to privacy and addressed only harms that came to light through complainants' prior knowledge. Finally, the evidence from each jurisdiction studied provides useful lessons for other jurisdictions as to both the conduct targeted and the need for substantive rules such as erasure or the right to be forgotten.
  • Article

    The Shipowner’s Right to Withdraw His Vessel upon Non-Payment of Hire

    Citation: [1980] Sing JLS 20
  • Article

    Equitable Interests and the Malaysian Torrens System

    Citation: [1967] Sing JLS 20
  • Article

    Destruction of Evidence Prior to the Commencement of Civil Proceedings: How is a Court to Respond?

    Citation: [2004] Sing JLS 20
    The Singapore courts have yet to consider the situation in which documents relevant to legal action have been destroyed prior to its commencement to the detriment of the party who would otherwise have relied upon them. Recently the Australian courts have approached the issue by limiting the range of sanctions which a civil court might ordinarily impose (for breach of disclosure obligations) in circumstances which give rise to the common law offences of criminal contempt or "attempting to pervert the course of justice". These developments and the statutory and case-law position in Singapore will be examined with a view to suggesting how the courts here should respond to the pre-action destruction of evidence.
  • Article

    Breach of Confidence, Downstream Losses, Gains and Remedies

    Citation: [2005] Sing JLS 20
    One of the tricky issues that has arisen rather frequently in recent years concerns attempts by intellectual property right owners to expand their rights and remedies so as to cover activities which are said to have been caused by the infringement but which lie downstream of the actual infringement. Are such activities within the scope of the exclusive rights conferred so as to enable the right owner to sue the individual carrying out the downstream activity? Alternatively, might the right owner litigate against the immediate infringer on the basis that his infringement was the "cause" of the downstream activity such as to support a claim for damages in respect of the downstream losses? This article starts with a brief discussion of the reach of process patents into downstream products and then moves into a detailed discussion of the position at common law under the action to protect confidential information.
  • Article

    The Role of Contributory Negligence in Claims for Assault and Battery

    Citation: [2012] Sing JLS 21
    This article examines the role of contributory negligence in claims for assault and battery in the light of several cases which have considered the issue, including, in particular, a recent decision of the English Court of Appeal. It considers the injustice to which the current English law might give rise, and suggests alternative approaches to assault and battery cases in which claimants are partly responsible for the harm they suffer.