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SUBJECT INDEX: Singapore
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.

 
Law & Practice of Construction Contracts in Singapore, Fifth Edition

 “It is no overstatement to say that Mr Chow is the doyen of Singapore construction law and is perhaps the foremost authority on this topic.”

 
The Honourable the Chief Justice Sundaresh Menon
Supreme Court of Singapore
From the Foreword to the 5th Edition
 
Regarded as the leading title for construction practitioners over the past 25 years, the fifth edition incorporates ground-breaking decisions on jurisdictional issues while taking into consideration the newer editions of the major standard forms such as FIDIC 2017. It also provides a commentary on the Singapore Institute of Architects Building Contracts 2016.
 
Featured Court of Appeal decisions include:
 
Grouteam Pte Ltd v UES Holdings Pte Ltd (2016) 
Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd (2018)
Comfort Management Pte Ltd v OGSP Engineering Pte Ltd (2018)
 

 

SUBJECT INDEX: Malaysia
Practice and Procedure of Mediation

The leading source of mediation knowledge in Malaysia.

One of the first of its kind, this title, Practice and Procedure of Mediation is intended to expansively address both the practical and procedural aspects of mediation. Mediation is now a growing area of alternative dispute resolution (ADR) not only in Malaysia but also worldwide. The enactment of the Mediation Act 2012 (Act 749) and the issuance of the Chief Justice’s Practice Direction No. 4/2016 as well as Malaysia''s signing of the Singapore Mediation Convention 2019 are some examples of the growth of mediation in Malaysia over the last decade.

 
Trademarks Act 2019 with Overview by Indran Shanmuganathan

The overview is written by an expert and seasoned practitioner with vast knowledge and experience on matters relating to Intellectual Property law, who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.

This publication is an essential source for lawyers, all Intellectual Property practitioners, academics and students of law, and is invaluable in facilitating a good understanding of the new statutory regime regulating trademarks and related practices in Malaysia.

 
Malaysian Stamp Duty Handbook, 6th Edition

The Malaysian Stamp Duty Handbook has been revised and updated to reflect the latest amendments up to December 2019, while maintaining its easy-to-understand structure, with principles presented in short, succinct points, accompanied by examples to illustrate the application of the law, detailed tax computations as well as appended annotated statutes and the relevant IRB forms. 

 
Companies Act 2016 with Subsidiary Legislation

This publication presents the full text of the Companies Act 2016 (Act 777) together with relevant subsidiary legislation to provide a comprehensive collection of company legislation.
 
The Companies Act 2016 was amended with the passing of the Companies (Amendment) Act 2019 (Act A1605) by the Dewan Rakyat on July 10, 2019 and the Dewan Negara on July 31, 2019. Act A1605 came into force on January 15, 2020. The text of the Companies Act 2016 presented in this volume has been updated to include changes made by Act A1605.
 
This publication is an essential resource for lawyers, company secretaries, in-house counsel, business advisors, accountants, company directors and regulators, as well as academicians and students of law, business, accounting and company secretarial practice.
 
KEY FEATURES
  • Full text of the Companies Act 2016 (incorporating Act A1605) presented in clear and readable format
  • Supplemented by the following subsidiary legislation:
  1. Companies Regulations 2017 (P.U. (A) 37/2017) 
  2. Companies (Corporate Rescue Mechanism) Rules 2018 (P.U. 64/2018)
  3. Companies (Practising Certificate for Secretaries) Regulations 2019 (P.U. (A) 76/2019)
  4. Companies (Company Auditor and Liquidator Fees) Regulations 2020 (P.U. (A) 9/2020)
  • Clear page guides to assist the user to locate a specific section or Part of the Act quickly and efficiently
 
 
 
 

 

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

 

JICL promotes international legal research and scholarship encouraging new insights into law in context. In addition to articles by scholars and practitioners on “black letter law,” we welcome interdisciplinary contributions especially those that tangibly link such disciplines as social sciences, economics, international politics, media studies and other fields of research and academic debate that may be more empirically based but of major significance in influencing the focus and reform of law in its national and global contexts.

The June 2019 issue carries interesting and timely articles on diverse topics such as protection of human rights in post-Brexit UK, the Belt and Road initiative, consumer protection in cross border contracts for supply of consumer software in Australia and Philippines, “No Oral Modification” contractual clauses under New York and UK law, and, interpretation of investment treaties, contributed by scholars and practitioners from UK, USA, China, Australia and Philippines. December 2019 will be a special thematic issue on comparative legal studies.

Currently we are receiving submissions for publication in 2020. 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
Law and Practice of International Finance, The

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic. It sets out complex products in simple terms, alongside providing practical guidance on the structuring of deals and agreements, negotiating points and sample precedents. Over 388 jurisdictions are surveyed, providing the broadest possible perspective on the international financial markets.

 
Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.
 
Duress, Undue Influence and Unconscionable Dealing 3Ed

Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable. 
 
Duress deals with circumstances where the complainant’s consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.
 
Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an improper manner to procure the consent of the other person to enter into a contract. 
 
The related, but distinct, doctrine of abuse of confidence applies where a fiduciary enters into a contract with his/her principal. The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of their principal’s interests.
 
Unconscionable dealing is concerned with cases where at the time of concluding a contract one party (the weaker party) was under some special disability, such as poverty, ignorance, illness, necessity, intoxication, and the other party took unconscientious advantage of the circumstances of the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.
 
KEY FEATURES:
  • Provides comprehensive information on all aspects of duress, undue influence (including probate undue influence), abuse of confidence and unconscionable dealing
  • Covers recent developments and case law relating to these areas including Commonwealth cases
  • Helps you deal with problems arising from disputes
  • Gives a detailed explanation of the general principles
  • Explains the remedies and defences available
  • Examines the different types of duress including duress of the person, duress of goods and economic duress
  • It includes a comparative analysis of the approach in other jurisdictions, particularly Australia, Canadian provinces, New Zealand and Scotland.
  • Gives examples of how duress, undue influence and unconscionable dealing cases work in practice
  • Takes you through the detailed steps that should be taken by a bank in cases of non-commercial guarantees where there is a risk of third party duress, undue influence, or misrepresentation. 
 
Benjamin's Sale of Goods (10th Edition, Mainwork & Supplement)

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.

Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.

The 10th edition takes in major changes to the law since the previous, most importantly:

  • The Res Cogitans case: a highly significant decision that means a supplier of goods reserves title to them pending payment, but permits the recipient to consume some or all of those goods before the property passes, then the contract is not one of sale at all. Benjamin’s Sale of Goods up-to-date new edition guides you through this case law and its implications for those working in this area.
  • The Consumer Rights Act: this extracts from the Sale of Goods Act all provisions that apply only to consumer sales and also in many but not all instances disapplies the Sale of Goods Act when the contract is a consumer sale. It is imperative for consumer lawyers to learn how to navigate between the two Acts, which makes the expert commentary you can rely upon in Benjamin’s Sale of Goods an absolute necessity, ensuring you get it right for your clients.

Key Features:

  • Comprehensive coverage which covers the needs of practitioners interested in all areas of sale of goods case law
  • Clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title''s added values
  • Offers full treatment and analysis of the Consumer Rights Act 2015 as it affects sale of goods contracts
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection
 
McGregor on Damages (20th Edition, Mainwork & Supplement)

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for over 50 years.

Part of the Common Law Library McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.

The First Supplement to the Twentieth Edition covers all the latest developments in the law of damages since publication of the Twentieth Edition. These include important decisions on causation, remoteness of damage, damages for loss of a bargain, breaches of undertakings as to damages, non-pecuniary losses, and damages for trespass, discrimination, assault, and false imprisonment. The supplement also considers important decisions from the Supreme Court on personal injury damages, damages for negligent valuations, "negotiating" damages, and interest awards. 

Case updates include:

  • ARB v IVF Hammersmith Ltd [2017] EWHC 2438 (QB)
  • Meadows v Khan [2017] EWHC 2990 (QB)
  • SCF Tankers Ltd v Privalov [2017] EWCA Civ 1877
  • Tiuta Inernational Ltd v De Villiers Surveyors Ltd [2017] UKSC 77; [2017] 1 WLR 4627
  • Clay v TUI UK Ltd [2018] EWCA Civ 1177
  • Dryden v Johnson Matthey Plc [2018] UKSC 18
  • Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307
  • Morris-Garner v One Step (Support) Ltd [2018] UKSC 20
  • Phones4u Ltd (In admin) v EE Ltd [2018] EWHC 49 (Comm)
  • Prudential Assurance Company Ltd v Commissioners for Her Majesty''s Revenue and Customs [2018] UKSC 39
  • Smith v Khan [2018] EWCA Civ 1137
And many more…
 
Key features:
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, tort and human rights such as below:
Contracts
  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage and Contracts of Employment
Torts
  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office
Human Rights
  • Damages are sought through the courts to compensate someone who suffers loss, damage or injury caused by the action of others