VICARIOUS LIABILITY IN THE UKSC: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank Plc v Various Claimants [2020] UKSC 13

The UK Supreme Court (the “UKSC”) has recently delivered two judgments on vicarious liability, being WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (the “WM Morrison decision”) and Barclays Bank plc v Various Claimants [2020] UKSC 13 (the “Barclays Bank decision”). This short update will highlight some of the key points raised in these two decisions, starting with the WM Morrison decision followed by the Barclays Bank decision.

Tian Luh TanJune 1, 2020

DISPOSITIONS BY WAY OF TRANSMISSION – ARE THEY CAUGHT BY A PRE-EMPTION CLAUSE?

Case Note: Lim Beng Nga and others v Yat Guan Pte Ltd and others [2020] SGHC 54: the disposition of shares in LBN v YG operated by way of transmission, and hence was not a transfer caught by a pre-emption clause.

Tian Luh TanApril 18, 2020shares, pre-emption clause, share transmission by operation of law

WHERE WINDING-UP PROCEEDINGS MEET ARBITRATION AGREEMENTS

Case Note: AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33: the standard of review when winding up proceedings are met with an arbitration clause.

Tian Luh TanApril 18, 2020arbitration, insolvency

Case Update: Fundamental Investors Pte Ltd v Palm Tree Investment Group Pte Ltd [2020] SGHC 73: The Prevention Principle

A case update on the decision in Fundamental Investors Pte Ltd v Palm Tree Investment Group Pte Ltd [2020] SGHC 73 regarding the prevention principle.

Tan Tian LuhApril 18, 2020

ALLEGATIONS OF FRAUD IN ENFORCEMENT OF ADJUDICATOR’S DECISION

Among the limited grounds available for setting aside and/or refusing to enforce an adjudication determination, the (arguably) rarest ground to be invoked is fraud. The recent England and Wales Court of Appeal decision of PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (“PBS Energo v Bester”) is one of the rare cases where an appellate court had occasion to consider the issue of how allegations of fraud would affect the enforcement of an adjudicator’s decision.

Crystl HsuMarch 30, 2020

OFFERS TO SETTLE AND COSTS

In the recent decision of Goh Kok Liang v GYP Properties Ltd and another [2020] SGHC 53 (“GKL v GYP”), the Singapore High Court made several important observations regarding Offers to Settle under O 22A of the Rules of Court (the “ROC”) and the issue of costs in a case where an Offer to Settle is made.

Crystl HsuMarch 23, 2020

BYL V BYN [2020] SGHC(I) 06

In the recent decision of BYL v BYN [2020] SGHC(I) 06 (“BYL v BYN”), the Singapore International Commercial Court upheld an ICC Award that was challenged on the basis that (a) the Tribunal had failed to decide the dispute before it, and (b) the Tribunal’s conduct gave rise to a reasonable suspicion of bias.

Crystl HsuMarch 16, 2020

COVID-19 AND THE CONSTRUCTION INDUSTRY

On 18 February 2020, the Singapore government announced that it would support Singapore firms and workers with some S$4 billion dollars in view of the impact of COVID-19 on the global and domestic economy. This article focusses on some of the problems COVID-19 may cause in the construction industry in Singapore.

Crystl HsuMarch 2, 2020

ADVERSE INFERENCE FOR FAILING TO COMPLY WITH DISCOVERY ORDER

In the recent decision of Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] SGHC(I) 03 (“HJ1306 v YCS”), the Singapore International Commercial Court drew an adverse inference against the defendant for his repeated breaches of discovery orders.

Crystl HsuFebruary 24, 2020

WITNESS GATING AND BREACH OF NATURAL JUSTICE

Is an arbitrator entitled to decline to hear evidence from all of a party’s witness based on his interpretation of the arbitral rules? This issue arose for consideration in the High Court decision of CBP v CBS [2020] SGHC 23 (“CBP v CBS”), and on the facts of the case, the High Court set aside the arbitral award for breach of natural justice.

Crystl HsuFebruary 17, 2020

News

In the recent decision of Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] SGHC(I) 03 (“HJ1306 v YCS”), the Singapore International Commercial Court drew an adverse inference against the defendant for his repeated breaches of discovery orders.