In Toh Wee Ping and another v Grande Corporation Pte Ltd [2020] SGCA 48 ("TWP v Grande"), the Court of Appeal had the opportunity to opine on the consequences of having a defence struck out, and in particular, whether this meant that the plaintiff's Statement of Claim would be admitted in full.
Read MoreIn Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] EWCA Civ 609 (“Glencairn v Product Specialities”), the England and Wales Court of Appeal (“EWCA”) dealt with whether a firm of solicitors who previously acted for Party A against Party B in a set of litigation can be restrained from acting for Party C against Party B in a similar set of litigation, when the earlier set of litigation has been settled through a mediation and/or confidential settlement.
Read MoreIn BXH v BXI [2020] SGCA 29 (“BXH v BXI”), the Singapore Court of Appeal dealt with the approach to be taken for inconsistent arbitration and litigation clauses, as well as some important issues in relation to the assignment of arbitration rights.
Read MoreIn CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81 ("CKR v Asplenium"), the High Court reiterated that the standard for appealing against an arbitral award based on questions of law under s. 49 of the Arbitration Act remains a high one. In particular, the court found that CKR had raised questions concerning the incorrect application of the law, and held that such questions were not "questions of law" under s. 49 of the Arbitration Act.
Read MoreThis article is a short blog update on the Technology and Construction Court decision of A v B [2020] 809 (TCC) (“A v B”), where the Technology and Construction Court dealt with the issue of whether an independent expert’s paramount duty to the court / tribunal is inconsistent with an additional duty of loyalty to the independent expert’s duty of loyalty to the client.
Read MoreIn 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
Read MoreIf a lawyer acted for Party A against Party B in a previous set of proceedings, can the same lawyer act for Party C against Party B in subsequent proceedings?
In the recent decision of LVM Law Chambers LLC v Wan Hoe Keet and Anor [2020] SGCA 29 (“LVM v WHK”), the Singapore Court of Appeal set out important guidance on the limits on lawyers acting for a different party against the same counterparty in subsequent proceedings.
Read MoreThe 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.
Read MoreCase 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.
Read MoreCase 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.
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