SINGAPORE JOURNAL OF LEGAL STUDIES
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Attribution of Liability Between Parent and Subsidiary within a Single Economic Entity: The Singapore Experience
Citation: [2017] Sing JLS 124Competition law principles in Singapore provide that a company may be liable for the conduct of another company if they belong to a single economic entity, even though they each have a separate legal personality. The CCS has used this doctrine to hold parent companies liable for the actions of their subsidiaries, and vice versa. This article discusses this process of attribution, and proposes several clarifications that may be helpful to strengthen the doctrine. - Article
A Vineyard in a Law Clinic: The Practical Application of a Therapeutic Jurisprudence Philosophy in a UK Law Clinic
Citation: [2019] Sing JLS 124This paper examines the development and practical operation of a UK-based law clinic, founded on Therapeutic Jurisprudence ("TJ") principles. It discusses how the authors have sought to infuse TJ's core values, style and techniques, underpinned by humanitarian philosophies, into Clinical Legal Education (and as a starting point for its legal pedagogy). To date, most papers in this area have examined criminal law clinics in the US, but this paper is made unique by its focus upon the linkage between TJ and refugees against the UK contextual backdrop.
_x000D_ TJ is becoming an increasingly important skills-base for graduates, particularly for those students who will become the next generation of lawyers/advisors, and must therefore, we argue, be incorporated into global legal education. - Article
The Legal Structure and Attendant Problems of the National Petroleum Corporation of Malaysia
Citation: [1976] Sing JLS 125 - Article
Judging Doctors and Diagnosing the Law: Bolam Rules in Singapore and Malaysia
Citation: [2003] Sing JLS 125The orthodox test for medical negligence, enshrined in the Bolam decision, has the potential to be unduly favourable to the medical practitioner. The doctor–centric approach it engenders is particularly troubling with respect to the duty to inform and does not bode well for a healthy balance in the doctor–patient relationship. It is argued that the Bolam test as currently applied is inappropriate and that courts have a responsibility to reassert their role as the final arbiters in determining medical negligence. This article seeks to strike a balance between the interests of medical practitioners and patients; the former should not be vilified for human errors that include negligence while the latter should not be deprived of fair compensation and certain fundamental rights. - Article
Animal Protection Laws of Singapore and Malaysia
Citation: [2013] Sing JLS 125This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness. - Article
The Company in the Garden of Eden: Natural Justice and the Company
Citation: [1991] Sing JLS 126This article examines and evaluates the applicability of the principles of natural justice to companies incorporated in Singapore in the light of a recent Singapore High Court decision. The legal reasoning leading to the decision is also critically analysed. The article further discusses some of the legal and practical implications of the decision. - Article
The Future of Tax Jurisdiction
Citation: [2024] Sing JLS 126First view: [Mar 2024 Online] Sing JLS 1-23Tax jurisdiction is a legal concept, but it is fundamentally dependent on state capacity, technology and politics. The jurisdictional boundaries of the tax state are in turn crucial in delimiting its taxing power. This article considers how tax jurisdictional concepts, in particular residence, source and the location of consumption, are changing as the capability of states to tax labour, capital and consumption changes in a global digital economy. These changes are occurring through contestation in the “borderlands” of the tax state, between multiple states and non-state actors. Governments can enhance tax capability by cooperating with each other and with global intermediaries and by adopting new technologies, but also take contradictory steps to abrogate tax jurisdiction. The article illustrates the discussion with examples of tax jurisdiction for individuals as residents, workers, investors or consumers; and for corporations, including recent global developments aimed at taxation of multinational enterprises. - Article
Equity and Preference Shares : A Problem of Definition
Citation: [1992] Sing JLS 127This article examines the feasibility of a Singapore-incorporated company issuing participating preference shares and preference shares with full voting rights in the light of the existing definition of the term "preference shares" in the Companies Act. It also examines what constitutes an "equity share", and the meaning of terms of similar import, in the context of company related legislation and The Singapore Code on Take-overs and Mergers. The legal and practical implications of such an inquiry are discussed and legal reform is suggested. _x000D_ _x000D_ "What's in a name? That which we call a rose_x000D_ By any other name would smell as sweet" _x000D_ (Shakespeare's Romeo and Juliet Act 2, Scene 2, Line 43)