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SUBJECT INDEX: Singapore
Criminal Appeals in Singapore

Criminal Appeals in Singapore is a comprehensive, practical and authoritative guide to the law and practice of criminal appeals in Singapore. This book provides a step-by-step account of criminal appeals for all the criminal courts in Singapore and includes flow charts for improved usability.  

 
Singapore Civil Procedure 2020

Helmed by Honourable Supreme Court Justice Chua Lee Ming, the Executive Director of Singapore Judicial College Paul Quan and authored by over 60 leading practitioners, the new edition of the Singapore White Book has been significantly updated to include changes over the last 12 months so you are fully prepared for new developments.

Defined by quality, no other text gives you clarity into Civil Procedure like the Singapore White Book.

 
Amendments to the SOP Act

The SOP Amendment Act
A Commentary on the Building and Construction Industry Security of Payment (Amendment) Act 2018

 

Since the passage of the Building and Construction Industry Security of Payment Act (Cap 30B) or the SOP Act in 2004, the dispute resolution landscape in the construction industry has changed considerably. Each year between 400 and 500 adjudication applications are lodged and the statutory adjudication process is now the

principal dispute resolution route for construction payment claim disputes.

In 2018, Parliament passed the Building and Construction Industry Security of Payment (Amendment) Act 2018. The Amendment Act raises important changes to the operation of the statutory adjudication regime, including changes to the scope of contracts which comes under the Act and the provision for the claimant to now apply for a review of an adjudication determination. This work addresses a number of important issues arising from the amendments.

The authors are senior adjudicators and general editors of the Singapore Construction Adjudication Review, an established series of reports on adjudication determinations since 2005.
 
Legal Skills: A Complete Guide

The Definitive Guide on Legal Skills

 

  • Provides a user-friendly and practical step-by-step guide to the essentials of Singapore legal process, the tools available to excel and practical guidance on advocacy strategies.
  • Addresses the much-needed practice-ready skills gap for those transitioning from law school or foreign jurisdictions into the Singapore legal practice and is the first comprehensive guide written from the Singapore perspective.
  • Written in a clear and practical manner, Ms Sim Khadijah provides a unique perspective on what’s required to succeed in law early in your career from her background as Counsel, Assistant Registrar and Judge, with experience in private practice, public service and a skills trainer for NUS, SILE and SMC.

 

There exists a gap between what is taught in law schools and the skills that are actually needed in practice. Senior lawyers may not have the bandwidth to train and mentor their junior lawyers as much as they would prefer. As a result, these young lawyers are unable to maximise their true potential in the shortest time possible. This prompted the founding of the author’s legal skills training firm, Lacuna Training Solutions, the first of its kind, to fill the training gap.

Key features: Legal Research, Analysis, Written Advocacy, Oral Advocacy, ADR, General Skills in Legal Practice, and Additional Guidance for Law Students.

 

 

SUBJECT INDEX: Malaysia
Foong's Malaysia Cyber, Electronic Evidence and Information Technology Law (COMING SOON)

This is the only book on cyberlaw and electronic evidence in Malaysia. Carrying more than 200 local cases and some selected foreign cases with commentaries, this publication looks at areas that have evolved in the digital sense such as civil issues like defamation, privacy and copyright. Current and very much relevant issues such as instant messages, social media postings, admissibility of electronic evidence in industrial relation disputes and digital asset cases are also discussed. Chapters have been devoted to legal practice and technology, the digital economy, electronic signature and electronic commerce. 

 
Retrenchment: The Law and Practice in Malaysia, Second Edition (COMING SOON)

This updated edition provides a comprehensive coverage on the recent and significant developments in the law and practice of retrenchment in Malaysia.

 

 
Companies Voluntary Winding-Up Handbook (COMING SOON)

This handbook covers various aspects of voluntary winding-up, i.e members'''''''''''''''' and creditors'''''''''''''''' voluntary winding-up. It discusses the law concerning voluntary winding-up and related practices, with the text supported by relevant flow-charts, forms, notices and sample minutes of Board of Directors meeting and notification of resolutions. 

 
Law of Evidence: A Commentary (COMING SOON)

Your essential companion for assured legal practice.

 

 

SUBJECT INDEX: Hong Kong
Journal of International and Comparative Law (JICL)

Journal of International and Comparative Law (www.JICL.org.uk), in its seventh year of publication, promotes international legal research and scholarship encouraging new insights into law in context.
 
The latest issue of the JICL, June 2020, includes Stephen Todd’s  penetrating analysis of vicarious liability including the significant decisions of the UKSC delivered in April 2020 in Barclays Bank v Various Claimants and Various Claimants v WM Morrison; Tomoko Ishikawa’s thorough assessment of investment screening on national security grounds;  Stefan HC Lo’s insider view of proposed insolvent trading laws in Hong Kong; Paola Ruelas and Christopher A Riley’s board gender diversity in Mexico; and Christa Rautenbach’s constitutional judicial law-making in post-apartheid South Africa.

 

Edited by Professors Anton Cooray (City, University of London) and Wang Guiguo (Tulane/Zhejiang) JICL welcomes submissions for publication in 2022. Submissions may be sent to Professor Anton Cooray at Anton.cooray.1@city.ac.uk to whom any inquiries may also be directed.
 
Competition Ordinance (Cap.619): Commentary & Annotations

• Authored and annotated by Knut Fournier, Chairman of the Hong Kong Competition Association.

• This work reproduces the full text of the Competition Ordinance (Cap.619) together with section-by-section analyses and commentaries with references to relevant case law and other legislation.
 
• Included in the annotations are definitions of words and phrases as well as practical applications of the provisions.
 
• Competition regimes of other jurisdictions are referred to and compared with wherever relevant.
 
• Guidelines of the Hong Kong Competition Commission and Hong Kong Communications Authority are reproduced in full, making this a comprehensive resource on Competition Law.
 
 
Chitty on Contracts, Hong Kong Specific Contracts, Sixth Edition

  • New Chapter on Cyber Law and Contract expounded.
     
  • Deals individually and in detail in areas of bailment, banking, insurance and covenants.
     
  • Extensive in-depth coverage of recent case law and legislation since last edition.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

This is the pre-eminent reference work on contract. An essential book for anyone working on contracts, either for drafting or dealing with points of dispute. It is an extremely well-respected title, for which most authors want to write for because of the prestige associated with it. Of particular note, the sixth edition contains the addition of a new section on AI, an expansion of the blockchain section to reflect recent developments in this field, and further detail on data protection (in light of the entry into force of GDPR in the EU in May 2018). In addition, there is a new chapter on cyber law covering data protection, cloud computing, cybersecurity, blockchain technology, smart contracts, artificial intelligence and related subjects. The sixth edition welcomes a number of new authors who in updating chapters, have significantly refreshed key content areas. With these updates, Chitty on Contracts, Hong Kong Specific Contracts is a key title to have as a reference tool.

 

 
Law and Justice in Hong Kong, Third Edition

Extensively rewritten and revised, the third edition of Law and Justice in Hong Kong continues to offer readers a comprehensive account of the legal system of Hong Kong — the only common law jurisdiction in East Asia. Fully updated, it encourages readers to appreciate the underlying values of legal practice and the administration of justice in the context of wider global and regional developments. It explains the crucial role played by the rule of law in Hong Kong’s historic transition from a fishing settlement into a leading international financial centre over the course of nearly two centuries.

An essential text for students studying Legal System and Legal Research and Writing, this book is also useful to legal practitioners, jurists, and general readers, both in Hong Kong and abroad, who find interest, if not indeed intrigue, in the spectacle of an internationalised common law jurisdiction under Chinese sovereignty.

 

 

 
 

 

SUBJECT INDEX: United Kingdom
Clerk & Lindsell on Torts 23rd Edition

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles of liability and causation
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
New to this edition from the Supreme Court:
  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender; and, together with Poole BC v GN, on the role of the “Caparo tripartite test” for the existence of a duty of care, stressing the importance of taking an incremental approach to novel negligence claims
  • Commissioner of Police of the Metropolis v DSD holding that policy arguments about the risk of defensive policing or the diversion of resources from police work to compensation claims were not relevant to whether the police owe an operational duty under ECHR art.3 when investigating criminal offences and that serious defects in the investigation of crimes of violence could amount to a breach of that duty
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on what constitutes “unlawful means” for the purposes of the tort of conspiracy
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
  • Perry v Raleys Solicitors on the correct approach to a “lost chance” claim against solicitors, approving Maples Group Ltd v Simmons & Simmons; and Edwards v Hugh James Ford Simey on the use of evidence which had become available after the date of the lost claim in assessing the strength of that claim
  • WM Morrison Supermarkets plc v Various Claimants on the interpretation of “the close connection test” for the purpose of vicarious liability; and Barclays Bank plc v Various Claimants on the limits of that test
  • Vedanta Resources plc v Lungowe on the potential liability of a parent company in relation to the activities of its subsidiaries
  • Darnley v Croydon Health Services NHS Trust on the duty of care owed by an Accident and Emergency department receptionist to a patient
  • Lachaux v Independent Print Ltd on the requirement introduced by the Defamation Act 2013 that a claimant have suffered “serious harm” to reputation
  • Stocker v Stocker on the correct approach to determining the meaning of words posted to a social media site (Facebook) for the purposes of the tort of defamation
  • James-Bowen v Commissioner of Police of the Metropolis holding that an employer does not owe a duty of care to employees to defend a civil action against the employer in a manner that protects the employees from economic or reputational harm
  • Playboy Club London Ltd v Banca Nazionale Del Lavoro SpA on the Hedley Byrne duty of care owed by a bank when giving a credit reference to an agent of a casino, where the bank had no knowledge of the casino
  • Morris-Garner v One Step (Support) Ltd on the assessment of damages in lieu of an injunction under Lord Cairns’ Act, and holding that “negotiating damages” (previously referred to as “Wrotham Park damages”) are compensatory and not intended to remove gains from the defendant
  • R. (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department on the relationship between the tort of false imprisonment the concept of deprivation of liberty within art.5 of the European Convention on Human Rights
  • R (on the application of Hemmati) v Secretary of State for the Home Department on a claimant’s entitlement to substantial, as opposed to nominal, damages for false imprisonment where the policy under which the claimant was detained was unlawful
  • Singularis Holdings Ltd (In Liquidation) v Daiwa Capital Markets Europe Ltd holding that there is no rule that, where a company is suing a third party in tort, the fraudulent conduct of a sole director will be automatically attributed to the company
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency on a fisherman’s rights under art.1 Protocol 1 of the ECHR
  • XX v Whittington Hospital NHS Trust where the claimant was entitled to recover the reasonable costs of entering commercial surrogacy arrangements abroad, although such arrangements would be contrary to the Surrogacy Arrangements Act 1985
  • Re D (a child) (residence order: deprivation of liberty) holding that a parent could not authorise the detention of a 16- or 17-year old minor who lacked capacity that would amount to a deprivation of liberty
  • Welsh Ministers v PJ imposing conditions in a community treatment order which would amount to a deprivation of the patient’s liberty would breach art.5 ECHR
  • Secretary of State for Justice v MM neither the tribunal nor the Secretary of State are permitted to impose conditions amounting to detention or a deprivation of liberty, in relation to a conditionally discharged restricted patient, even if the patient consented
  • An NHS Trust v Y on the withdrawal of clinically assisted nutrition and hydration from a patient with a prolonged disorder of consciousness
  • Cartier International v British Telecommunications Plc which held that trade mark owners must indemnify ISPs against the cost of complying with a blocking injunction

 

 
Conflicts of Interest, 6th Edition

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). It helps the user avoid potential conflicts of interest and provides practical advice and remedies for ones that arise.

 
McGee: Limitation Periods, 8th Edition (Mainwork & 1st Supplement)

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its eighth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.
 
The First Supplement to the Eighth Edition updates the text with important new case law, including:
  • Kimathi v Foreign Office - effect of transitional provisional in very old claims
  • Stage Coach East Midlands Trains Ltd - various aspects of the interrelationship between limitation and public law remedies.
  • Barton v Wright Hassall LLP - the effect of a stay of proceedings.
  • Liddle v Atha & Co - effect of delay in issuing caused by the court office
  • Cornell v Chief Constable of Greater Manchester - exercise of the s33 discretion.
  • Roberts v Soldiers, Sailors and Airmen and Families Association - the application of the Civil Liability (Contribution) Act 1978
  • Dera Commercial Estates v Derya Inc - effect of delay in arbitration cases.
  • Sixteen Ocean GmbH & Co KG v Societe Generale - economic duress does not amount to fraud for the purposes of s32
  • Gorton v McDermott Will and Emery LLP - whether to order a preliminary issue on limitation 
 
Sinclair on Warranties and Indemnities on Share and Asset Sales 11th Edition

This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties – purchasers and vendors - who deal with a sale and purchase agreement (“sale agreement”) for either a company or business. Written for commercial lawyers, it is the only title to deal exclusively with this area.
 
New for the 11th edition
  • Substantial changes have been made in relation to IT and data protection warranties to reflect GDPR and this fast evolving area as the importance of IT to most companies increases.
  • New accounts warranties have been included to reflect the FRS regime and the decreasing relevance on most transactions of the historical SAAPs and FRS's that were relevant for financial periods prior to the 4th January 2015.
  • The tax warranties have been simplified and shortened to reflect the exclusion of esoteric areas that are not applicable to most transactions as well as reflecting legislative updates. The tax covenant reflects the continuing trend to start with a balanced draft rather than a purchaser bias version.
Other features
  • Provides precedents and commentary on warranties and indemnities on share sales
  • Provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.
  • For the purchasers’ solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
  • For the vendors’ solicitors, provides guidance and commentaries with the precedents
  • Organised around precedents of clauses and documents, accompanied by extensive commentary
  • Arranged in a logical chronology
  • Covers the history and function of warranties and indemnities
  • Covers the various parties to a sale and purchase agreement
  • Covers the rights and liabilities that arise from a breach of warranty
  • Provides detailed consideration of tax, property and general warranties in a share sale
  • Covers the forms taken by tax deeds
  • Covers warranties, undertakings and indemnities requested by the purchaser
  • Covers completion accounts and valuation
  • Provides clearly-written commentary and guidance aimed to explicate clauses and their impact