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SUBJECT INDEX: Singapore
Singapore Civil Procedure 2019

Ready for what lies ahead

When change can happen any time, constant vigilance is a must. Seize your advantage over the competition with the Singapore White Book 2019. 
 
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)
 
Arbitration in Singapore - A Practical Guide, Second Edition

Produced by the who''s who of the arbitral fraternity

The general editorial team, comprising Chief Justice Sundaresh Menon, Mr Francis Xavier, SC, Mr Chong Yee Leong and Prof Lucy Reed, hail from Singapore - the third-most preferred venue for international arbitration in the world. 

 
Singapore Competition Act Annotations

The first competition annotation released in Singapore that encapsulates the changes made to the law up to April 2018.

Authored by a seasoned competition law practitioner from Drew & Napier, it provides a comprehensive analysis of the act.  
 

 

SUBJECT INDEX: Malaysia
Borneo Law Reports Volumes 1 - 9 [Full Set]

"The reporting is excellent. The...appeal results will indeed be very helpful..."

-Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice (Malaysia)

The proper conduct of cases through the court system requires the support of good sets of law reports and journals. The law reports are the repository of the body of case law that forms a significant and important part of the law that is applied by the courts to resolve issues and determine rights, particularly in the common law world where the doctrine of judicial precedent plays a crucial role in the administration of justice through the courts of law.
 
The Borneo Law Reports covers all major areas of law with reference to the most recent developments in each of the areas reported. This work contains more than 500 full judgments (divided into seven volumes based on subject matter headings) decided by the High Court, Court of Appeal and the Federal Court that represent all the important cases originating from the High Court in Sabah and Sarawak from 1993 to 2013, many of which are hitherto unreported in any of the law reports in Malaysia.
 
While the Borneo Law Reports contains cases from several areas of law that are peculiar to Sabah and Sarawak, and provides a very valuable collection of such cases for future reference, the publication also contains much case law on subjects that are applicable throughout Malaysia, including administrative law, banking law, bankruptcy, civil procedure, company law, constitutional law, contract, criminal law, criminal procedure, evidence, family law, revenue law and tort.
 
The Borneo Law Reports comes in handsome bound volumes with cases organised according to subject matter headings arranged alphabetically. Each case is supported by concise and well-structured catchwords as well as a succinct headnote with holdings referenced to the relevant parts of the case. 
 

Key Features:

  • Includes previously unpublished Sabah and Sarawak cases which are applicable throughout Malaysia
  • Contains unreported cases applying the law specific to Sabah and Sarawak
  • Cases organised according to subject matter headings arranged alphabetically
  • Each case supported by concise and well-structured catchwords
  • Succinct headnotes with holdings referenced to the relevant parts of the case
  • Appeal Status provides useful update on the status of a case
 
All Malaysia Tax Cases (AMTC) 1937 - 2017 (Full Set-11 Volumes)

AMTC is a must for those in the tax and accounting field, legal practice as well as academics and students pursuing their education in accounting and tax, as it will help with research and enable the proper application and understanding of the legal issues that arise.  

 
All Malaysia Tax Cases (AMTC) 2017

The All Malaysia Tax Cases (AMTC) 2017 reports revenue law cases decided in Malaysia commencing from the Special Commissioners of Income Tax, up to the High Court, the Court of Appeal and the Federal Court. It is the first of its kind in attempting to report all revenue cases decided in Malaysia, complemented by a complete yet concise case summary of each decision highlighting the legal principles involved, and the application of the legislation relevant to the issues in contention. Wherever applicable, cross-references are made to the corresponding appeal to the higher courts and its final decision. It includes a wide spectrum of tax law ranging from income tax, real property gains tax, investment incentives, stamp duty, Labuan tax etc.
 
AMTC is a must for those in the tax and accounting field, legal practice as well as academics and students pursuing their education in accounting and tax, as it will help with research and enable the proper application and understanding of the legal issues that arise.
 
Readership: Tax practitioners, tax agents, legal counsel, financial consultants, academics and students
 

KEY FEATURES:

  • Clear headnotes which provide a quick summary of the case
  • Parallel citations where available
  • Cross-referencing
  • Case annotations

 

CLICK HERE To Purchase the AMTC 2014
CLICK HERE To Purchase the AMTC 2015 - 2016 
CLICK HERE To Purchase the AMTC 1937 - 2017 Full Set Volumes (11 Vols)

 

 
The Criminal Procedure Code: A Commentary, With Appellate Practice and Procedure (Second Edition)

Highly practical new edition of the Criminal Procedure Code offers expanded coverage and depth of content.
 

 

SUBJECT INDEX: Hong Kong
Company Law in Hong Kong: Insolvency, 2019

Company Law in Hong Kong: Insolvency, 2019 provides the most recent precedents, case law, decisions, and amended legislation relating to all the surviving sections of the re-titled Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap. 32). The text includes reviews and analyses of the fully enacted 2017 amendments designed to:

(i) increase and enhance protection for creditors;
(ii) streamline the winding-up process;
(iii) strengthen the regulations under the winding-up regime;
(iv) enhance the integrity of the winding-up process; and
(v) related consequential and minor technical
amendments to the law for easier understanding.

 
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.
 
 
Archbold Hong Kong 2019

The 2019 Service is the essential companion and reference publication for every criminal practitioner. It consists of a main work, two supplements, four e-newsletters and new quarterly e-alerts on the latest and most notable cases.


There are new updated sections in Chapters 20 and 41 on tax evasion and criminal intimidation. Recommendations from the Financial Action Task Force (FAFT) have been included.
 
Stay confident in the face of an ever-changing legal environment with the 2019 edition of the Archbold Hong Kong. The Hon. Mr. Justice Bokhary GBM, NPJ continues as the Editor-in-Chief, and Professor Simon Young completes his first year as a remarkable General Editor.

Cited extensively in court judgments, Archbold is the authoritative companion which adds weight and credibility to your arguments. It concentrates on what the law is, rather than
what it ought to be, covering both substantive law as well as the practice and procedure of the court.

New: Each e-alert is produced under the direct mentorship and supervision of the General Editor. Archbold Hong Kong 2019 is the essential companion and reference publication for every criminal practitioner.

Archbold Hong Kong 2019 is available in print, ProView eBook and on Westlaw Asia.
 
 
 
Notable cases discussed in the 2019 edition

Landmark decisions:
HKSAR v Choi Wai Lun (2018) 21 HKCFAR 167
HKSAR v Kilima Abubakar Abbas [2018] HKCA 602

Application of common law doctrines:
Secretary for Justice v Wong Chi Fung (2018) 21 HKCFAR 35
Secretary for Justice v Leung Hiu Yeung [2018] HKCFA 43
HKSAR v Leung Chun Kit Brandon [2018] HKCFA 30
HKSAR v Cheung Wai Kwong (2017) 20 HKCFAR 524
 
Grounds of appeals:
HKSAR v Li Xiaoxiang (2018) 21 HKCFAR 272
HKSAR v Ezeh Christian Ifeanyi [2018] HKCA 57
HKSAR v Wiwik Lestari [2018] 3 HKC 110

 

 
Securities and Futures Ordinance (Cap.571): Commentary & Annotations 2018 Edition

  • A single and complete text reviewing and analysing all sections of the law as amended over the last four years, fully incorporating all recent changes to the law including:

           (i) new Parts 3A and 14A added to the Ordinance

           (ii) related amendments in accordance to the new provisions of the Companies Ordinance (Cap.622) and Financial Institutions (Resolution) Ordinance (Cap.628)

  • Annotated and edited by Mr. Laurence Li, Barrister-at-Law from Temple Chambers and a team of distinguished contributors, including former Enforcement Director and legal counsel from the Securities and Futures Commission

 

The 2018 Edition is fully updated and incorporated – reviewing and analysing all the amendments and revisions to the law over the last four years with cross-referencing to corresponding legislation:

 
1. Sections of the law affected by the 2017-2018 changes to the Companies Ordinance (Cap.622) regarding the incorporation of open-ended investment fund companies are noted and updated;
 
2. Standard regulations regarding the over-the-counter (OTC) derivatives market are fully incorporated and annotated in accordance with the 2014 Amendments;
 
3. New and revised sections providing supervisory assistance to regulators outside of Hong Kong (i.e. printed licenses and certificates of registration) as prescribed in the 2015 Amendments are revised and annotated accordingly;
 
4. New regulations for the incorporation, registration, and management of open-ended fund companies (OFC) resulting from the 2016 Amendments - introducing a new OFC structure allowing companies to be more flexible in their share issuing structure are reviewed;
 
5. New powers given to the Securities & Futures Commission to resolve a company under financial distress as a result of the 2017 Financial Institutions (Resolution) Ordinance (Cap.628);
 
6. Updates on the progress of the proposed Hong Kong Exchanges and Clearing’s company listing reforms – as discussed by the Hong Kong Legislative Council and the Securities Futures Commission;
 
7. New duty of care on Financial Institutions resulting from the Financial Institutions (Resolution) Ordinance (Cap.628) creating a new action in tort for damages regarding suspect financial products.
 
 
The latest edition analyses the latest reforms and amendments to the Ordinance with crossreferencing to all related codes, guidelines and circulars, amended and new legislation, etc. This text continues to be a comprehensive and practical guide which provides a better understanding of the law.
 

 

SUBJECT INDEX: United Kingdom
Chitty on Contracts, 33rd Edition (2 Volumes)

Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law.

The work is in two volumes:

Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

KEY FEATURES:

Provides coverage of all relevant legislation and a huge depth of case reference;

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition,
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence;
  • Treats in detail the Capacity of parties
  • Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach;
  • Studies remedies for breach of contract, including damages and limitations
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
  • Supplemented regularly
  • Written by experts in contract law

Key new case law and legislation covered in Chitty 33

  • Impact of Human Rights Act 1998: McDonald v McDonald (SC)
  • Oral agreements for sale of land: Dowding v Matchmove Ltd (CA)           
  • Fraud: Hayward v Zurich Insurance Co plc (SC)
  • 'No reliance' clauses: First Tower Trustees Ltd v CDS (Superstores International) Ltd (CA)
  • Interpretation: Wood v Capita Insurance Services Ltd (SC)
  • Implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd (SC)
  • 'No oral variations' clause; part payment of debt: MWB Business Exchange Centres Ltd v Rock Advertising Ltd (SC)
  • Acts of State: Mohammed v Ministry of Defence,  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs and Belhaj v Straw (SC)
  • Illegality: Patel v Mirza (SC)
  • Damages for third party's loss: Swynson Ltd v Lowick Rose LLP (SC)
  • Assignment: - set-off: Bibby Factors Northwest Ltd v HFD Ltd (CA); - prohibitions on assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018 (draft)
  • Damages: SAAMCo: - Hughes-Holland v BPE Solicitors; - mitigation: Fulton Shipping Inc of Panama v Globalia Business Travel SAU (SC);  - 'negotiating damages':  Morris-Garner v One Step (Support) Ltd (SC)
  • Liquidated damages: Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (SC)
  • Restitution: Bank of Cyprus UK Ltd v Menelaou (SC); Investment Trust Companies v Revenue and Customs Commissioners (SC); Lowick Rose LLP v Swynson Ltd; Angove’s Pty Ltd v Bailey (SC); Prudential Assurance Co Ltd v Revenue and Customs Commissioners (SC)
  • Agency: - irrevocable authority: Bailey v Angove’s Pty Ltd (SC); commercial agents: ERGO Poist’ovna a.s. C-48/16 (CJEU)
  • Banking: Payment Services Regulations 2017
  • Consumer law: Package Travel and Linked Travel Arrangements Regulations 2018 (draft); ParkingEye Ltd v Beavis (SC); Court of Justice cases on acting as a consumer; mixed purposes contracts; guarantees of loan by consumer to commercial company; traders as intermediaries for non-traders; when a court must raise EU consumer legislation on its own motion; commercial practices, including  misleading actions and misleading omissions; the exemption for the “main subject matter of the contract”; fairness under the 1993 Directive and choice of law clauses; collective actions and stays of proceedings.
  • Credit and security: implementation of the Mortgage Credit Directive
  • Employment: CJEU cases on 'rolled-up holiday pay' and on 'working time'
  • Insurance: Insurance Act 2015, including new ss 13A and 16A (late payment of claims); - fraudulent claims:  Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (SC); interpretation of exclusions: Impact Funding Solutions Ltd v Barrington Support Services Ltd  (SC)
  • Gaming -  'cheating': Ivey v Genting Casinos (UK) Ltd
  • Sale of goods: - retention of title clause: PST Energy Shipping Ltd v OW Bunker Malta Ltd (SC) 
 
Formation and Variation of Contracts, 2nd Edition

This book provides a detailed account of the law relating to the formation and variation of contracts. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel. 
 
In this second edition, Professor John Cartwright considers all the major developments in case law in these areas, including the recent decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) on the enforceability of ‘no oral modification’ clauses.
 
Key features:
  • Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity
  • Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work
  • Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems
  • Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years
  • Provides a perspective on the rules for the formation of contracts from an international and comparative dimension
  • Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice
  • Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance
  • Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds
  • Part III is devoted to the requirement of consideration (which gives contract its character as a ‘bargain’ in the common law), both in the formation of a contract, and in the variation of an existing contract
  • Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it) 
 
MacGillivray on Insurance Law, 14th Edition

MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments. Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.
 
The fourteenth edition has been updated to include:
  • Analysis of the highly significant Supreme Court case of Wood v Capita Insurance Services on construction
  • Looks at the Supreme Court decision in Brownlie v Four Seasons Holdings Inc and all the latest developments following its ruling in Patel v Mirza
  • Commentary on the ECJ case Van Hove v CNP Assurances SA concerning unfair terms
  • Numerous Court of Appeal decisions including Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc on aggregation, Western Trading Limited v Great Lakes Reinsurance (UK) Plc on reinstatement, and Maccaferri Ltd v Zurich Insurance Plc on notice of loss
  • The chapter on warranties has been significantly revised to take account of statutory reforms, whilst retaining full account of the previous law where still relevant
  • The aviation chapter has been updated with two new international conventions covering compulsory insurance: the General Risks Convention and the Unlawful Interference Compensation Convention
  • Fully updated references throughout the book to acknowledge changes introduced by the Insurance Act 
 
Keating on Construction Contracts, 10th Edition (Mainwork & Supplement)

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

Featuring:

  • Offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer's Approval and Architect's Certificates to a recently added chapter on Delay and Disruption
  • Presents in depth practical help, delivered in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation
  • Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on Infrastructure Conditions of Contract, NEC3, FIDIC and JCT contracts 
  • Goes through the workflow of a construction contract, its formation and  composition
  • Examines the contractor’s right to payment and the recovery of payment for varied work
  • Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate
  • Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims
  • Covers financial recovery and causation and liquidated damages and penalties
  • Addresses various equitable doctrines and remedies
  • Considers assignments, substituted contracts and sub-contracts
  • Reproduces relevant statutes including the 1996 Act as amended by 2009 Act, and the Scheme for Construction Contracts for easy access and navigation
  • Includes expanded coverage on procurement and the effect, and the Jackson reforms regarding proportionate costs and case management
  • Provides up-to-date references to and guidance on key primary case law and decisions from the UK, Europe and overseas, for example, the Court of Appeal decision in P.C. Harrington v Systech; the Court of Appeal decision in Lanes Group plc v Galliford Try Infrastructure Ltd
  • Ensures full coverage of Supreme Court cases which continue to define principles of contractual construction, for example, the Supreme Court decisions in Rainy Sky S.A. v Kookmin Bank; Berrisford (FC) v Mexfield Housing Co-Operative Ltd and Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc (Scotland); The Supreme Court decision in Benedetti v Swairis The TCC decision in Walter Lilly v DMW Developments
  • Joint edited in three previous editions by Stephen Furst QC (Deputy Judge of the Technology and Construction Court and Recorder and member of Keating Chambers, acting for clients in the field of construction in all UK courts and forms of arbitration) and Sir Vivian Ramsey (former civil engineer and Head of Chambers, prior to joining the Bench, and serving in the Technology & Construction Court).
  • Contributed to by a stellar supporting team of experts from Keating Chambers who have been voted Construction Set of the Year in 2006, 2007, 2008, 2009, 2011, 2012, 2013 and 2014.