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SUBJECT INDEX: Singapore
Singapore Civil Procedure 2018

Singapore White Book 2018 helps you fill in the blanks

 
Elements of Construction Law in Singapore, 2nd

An entry-level guide to understanding the fundamentals of construction law

 
Mediation in Singapore: A Practical Guide 2nd Edition

Recent changes in mediation include the passing of the mediation bill in 2017; amendments to the Supreme Court practice directions on the provisions for Alternative Dispute Resolution (ADR) for civil cases; and the reallocation of cases by the Family Justice Courts to Mediation.

 
The Annotated Singapore Companies Act

The Annotated Singapore Companies Act provides invaluable section-by-section annotations to the Singapore Companies Act, throwing light on the application and interpretation of the provisions of the Act.

 

 

SUBJECT INDEX: Malaysia
Construction Adjudication in Malaysia, 2nd Edition

A comprehensive analysis of the legal principles governing the application of the Construction Industry Payment and Adjudication Act 2012, providing in-depth analysis and practical guidance on all stages of the adjudication process in Malaysia.

 
Malaysian Civil Procedure 2018

“...an indispensable reference for both judges and lawyers...should always be welcomed as the essential resource for the practice of civil procedure in the courts of Malaysia.”
  Tun Arifin Zakaria, Former Chief Justice
 
"It is part of the duty of counsel when assisting a court to arrive at its decision on a procedural point to refer to a commentary on a given rule of court that is recent and accurate. This work is designed to provide the necessary source of information in that direction."
Datuk Seri Gopal Sri Ram, General Editor 
 
Drawing on the pedigree of the White Book which has seen numerous successful local editions in various common law jurisdictions, Malaysian Civil Procedure 2018 provides you with the most current knowledge, information, practical insights and confidence to succeed in all areas of civil court work. 
 
The authoritative commentary to the Rules of Court 2012 is accompanied by a substantially enhanced second volume containing illuminating annotations to fully up-to-date text of ten key legislation essential to civil litigation. Together  with the updated collection of court practice directions, this makes Malaysian Civil Procedure 2018 the most comprehensive civil litigation reference.

KEY FEATURES
  • Exacting quality and accuracy in true White Book tradition
  • Insightful order-by-order commentary to the Rules of Court 2012 presented clearly with succinct headings
  • Fully up-to-date text of 10 key civil legislation, with annotations:
  1. Rules of the Federal Court 1995
  2. Rules of the Court of Appeal 1994
  3. Courts of Judicature Act 1964
  4. Subordinate Courts Act 1948
  5. Civil Law Act 1956
  6. Limitation Act 1953
  7. Limitation Ordinance (Sabah Cap 72)
  8. Limitation Ordinance (Sarawak Cap 49)
  9. Specific Reliefs Act 1950
  10. Debtors Act 1957
  • Comprehensive survey of key local and relevant foreign case law
  • Contributors drawn from the judiciary, leading law firms and academia to provide authoritative commentary
  • Reviewed by experienced panel of expert reviewers to ensure high quality of substantive content
  • Extensive collection of court practice directions dating back to 1947 to current, including practice directions from Sabah and Sarawak
  • Comprehensive tables of cases and legislation and subject index for greater ease of use
 
 
The Trial Lawyer's Companion, 2nd Edition

“[This book] comprehensively covers in detail and authoritatively deals, in a thoughtfully arranged way, with everything a trial lawyer and judge needs to know and be reminded or watchful of, to successfully conduct and shepherd a trial to its proper conclusion without pitfalls.” 
From the Foreword by Lambert Rasa-Ratnam 
Head, Dispute Resolution
Lee Hishammuddin Allen & Gledhill
 

Written by an experienced counsel, this book contains a wealth of essential guidance on the preparation for and the conduct of a trial. The text is clear and succinct, amply supported by relevant case law, both local and foreign, as well as statutory sources in particular the Rules of Court 2012 and the Evidence Act 1950. Organised in a systematic structure, the book covers trial preparation, the various aspects of trial proper, submissions, judgment and the ethics of trial advocacy.

The carefully written text, a result of thorough consideration of the subject and meticulous research, is immensely useful in preparing for trial, providing clear guidance and analytical insights. The rich array of authorities and sources cited gives pointers for further research to ensure that counsel is painstakingly armed for trial.

A well-crafted system of headings, supplemented by helpful cross-references, enables the trial lawyer to easily refer to the book for the correct law, confirmation on a finer point of practice, practical direction and relevant authorities int he midst of the cut and thrust of  trial. For the judge, the book may be confidently consulted when presiding over the trial.

Be it for young lawyer, the seasoned counsel, or the busy judge, The Trial Lawyer's Companion is indeed a book to have readily on hand.

NEW IN THIS EDITION:

  • Updates case authorities since 2005 up to 30 June 2017
  • Addresses the impact of the Rules of Court 2012
  • Considers and clarifies developments and changes to the law in respect of discovery, admissibility of documents in trial bundles, privilege, expert evidence, and computer documents.

KEY FEATURES:

  • Contains a wealth of practical guidance on trial practice
  • Fully up-to-date with relevant statutory provisions
  • Replete with invaluable leading case authorities
  • Illuminates the difficult areas of trial practice
 
The Life and Law of Fintech

Financial technology (FinTech) is a marriage of sorts between the financial services and technology sectors. It leverages on technology to innovate the delivery of products and services traditionally offered by financial institutions. Writing on this new area of law and business encompassing domestic and international jurisdictions, the author covers the subject in a unique way combining the legal, business and operational aspects of FinTech through his broad experience as a practising lawyer, and a board member of a bank as well as of a listed technology-based company.

The author takes the reader on a journey through the realm of finance covering both Islamic and conventional banking with an explanation of the history and an analysis of the applicable legislation and also related legislations in Asia, Europe and the United States.

Leaving no stone unturned, ,the author begins with the book on a history lesson of finance and proceeds to where it is today with FinTech making inroads into the financial industry via technology. He then discusses at length on the legal and operational aspects of banking and finance and moves on to capital markets and issues relating to money laundering. Mergers and acquisitions and corporate law are tackled by providing instances of FinTech acquisitions coupled with a lesson on takeovers and due diligence. He then moves on to the technical aspects of digital banking covering several jurisdictions. With his background in Islamic finance, he deals with takaful insurance, Islamic FinTech and E-waqf. He also deals with cyber security covering several pieces of legislation relevant to it. 

The book ends with a chapter on internet of things with a detailed analysis of the legal implicaations of smart contracts and solutions moving forward.

 

 

SUBJECT INDEX: Hong Kong
Bullen & Leake & Jacob's Hong Kong Precedents of Pleadings, Second Edition

  • This new edition provides localisation of substantive legal content, building on the precedents of pleadings that have been tightly drafted by specialist law firms
  • Your subscription includes a complimentary supplement in 2018 which will provide two new chapters complete with new precedents

 

Since the first edition, Bullen & Leake & Jacob's Hong Kong Precedents of Pleadings has provided locally relevant precedents while remaining modeled on the UK original works.

This second edition includes:

  • Updates to 8 chapters including banking and finance, business law, intellectual property and professional liability
  • A revised business law section fully up-to-date with the new Trade Description Ordinance (Cap. 362) and an expanded section on Constructive Trust and Tracing
  • Updated commentary with recent case law 
  • New and revised precedents included in the complimentary supplement
  • A subject overview at the start of each section which lists important cases and cites relevant legislation
  • Commentary with specific guidance to individual precedents serving as a best practice guide for presentation of trial materials
  • Coverage of both claims and defences
  • Cross-references to the White Book

 

New cases of note include:

Business Law:

  • Secretary for Justice v Global Merchant Funding Ltd. [2015] 2 HKLRD 843 , (2016) 19 HKCFAR 192.
  • Chan Miu Chu Zoe v Choi Chiu Yuk (unrep., HCA 698/2012, [2014] HKEC 316)
  • Swiss Finance Mortgage Services Ltd. v Wong Kam Fan (unrep., HCA 1244/2015, [2016] HKEC 2763).
  • Chang Pui Yin v Bank of Singapore Ltd. [2017] 4 HKLRD 458.

Economic Torts:

  • Xiamen Xinjingdi Group Ltd (廈門新景地集團有限公司) formerly known as 廈門市鑫新景地房地產有限公司
  • Eton Properties Ltd (裕景興業有限公司) [2016] 4 HKC 357
  • Liu Qian (劉倩) v Sunway International Holdings Ltd (unrep., CACV 88/2017, [2017] HKEC 1995)(CFI)). – contract procured by fraud

Bribery: 

  • Does the bribe give rise to a proprietary claim in addition to a personal one (as opposed to a personal claim only) by the principal against the agent? FHR European Ventures LLP  v Mankarious  [2014] UKSC 45 (overruling Tang Ying Loi v Tang Ying Ip Alias Tang Ying Yip [2015] 1 HKLRD 712, JS Microelectronics Ltd v Achhada Dilip G (unrep., HCA 1202A/2012; HCA 1202/2012, 23 March 2016)

Environmental Claims – Nuisance:

  • Barr v Biffa Waste Services Ltd [2011] 4 All E.R. 1065: Use of Land as a Landfill
  • Rylands v Fletcher: Consent and Nuisance
  • Color Quest Ltd v Total Downstream UK Plc [2009] EWHC 823 (Comm); [2010] 2 Costs LR 140
  • Larbons Ltd v Kuo You Weaving Factory Ltd
 
Data Protection Law in Asia, Second Edition

One of the first publications of its kind to provide a comparative and critical overview of personal data protection laws in 12 jurisdictions of the Asia Pacific region

 
Chitty on Contracts, Hong Kong Specific Contracts, Supplement to the Fifth Edition

The authoritative reference work for Hong Kong contract law, updated!

Providing the new updates to local contract law, enabling you to draft and interpret contracts with complete confidence.
• Changes to 80% of the chapters by the distinguished author team
• A new chapter on a hot topic: Cyber law

Authoritative new content to the fifth edition:
Mediation content reviewed by Mr. Justice Lam, Vice President of the Hong Kong Court of Appeal.
Undue Influence examines contracts entered into under tremendous inequality of bargaining power, and very often duress.
Restitution & Unjust Enrichment detailing a new section on Remedies, the essential guidance for legal actions, guiding you to understand how to rectify a wrong right
Sales of Land highlights substantially expanded. Recent cases on condition of property, requisitions, memorandums, courts’ emphasis on pragmatism and freedom of contract, and new sections on fixtures and Chinese customary law.

 

 
Company Law in Hong Kong: Practice and Procedure, 2018

Company Law in Hong Kong: Practice and Procedure, 2018 provides further updated analysis of the modernised legal framework for the incorporation and operation of companies in Hong Kong. The progress of the four main objectives of this Ordinance remains the point of focus:

(i) Enhancing corporate governance;
(ii) Ensuring better regulations;
(iii) Facilitating business in Hong Kong; and
(iv) Modernising the law, three years after its full and complete enactment.

Three years on from its enactment, the Companies Ordinance (Cap. 622) continues to be an integral part of Hong Kong’s corporate and financial schemes. This new 2018 edition incorporates all the new cases relevant to this law.

 

Get the Company Law in Hong Kong 2018 - Practice and Procedure + Insolvency whole set for only HK$5,066! Save15%! 

Download the Order Form now!

 

 

SUBJECT INDEX: United Kingdom
Exclusion Clauses and Unfair Contract Terms, 12th Edition

 

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.
 
The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.
 
NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void
 
Contractual Duties: Performance, Breach,Termination and Remedies, 2nd Edition

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.
 
Main features:
  • Part 1 covers rescission: firstly its principles and process are explained.
  • Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.
  • Details the bars to rescission, explaining what damages might be due in lieu of rescission.
  • Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.
  • Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.
  • It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.
  • Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.
  • Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.
  • Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.
  • Part 3 deals with discharge by impossibility, illegality or frustration.
  • Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action.
  • Covers damages for breach of contract, laying out the measures of award.
  • Explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation, and questions of timing.
  • Analyses the two limbs of the Hadley v Baxendale principle and their consequences.
  • Covers other types of damages including agreed damage and gain-based awards.
  • Discusses specific relief, focusing on the grant of specific performance and injunctions.
  • Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.

New to the 2nd edition:

  • Substantial case law updates across all four key areas of the book since the first edition was written in 2011
  • Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

 

 
Aldridge Powers of Attorney, 11th Edition

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.

The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.

  • Clarifies the role, powers and duties of donor, attorney and third parties
  • Shows how powers of attorney are used in different situations, including land and companies
  • Advises on drafting issues
  • Includes forms and precedents
  • Explains how powers of attorney interact with trusts law
  • Covers lasting powers of attorney and examines the key case law since their introduction in 2007
  • Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily
 
Conflicts of Interest, 5th 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). The expert authors provide guidance on avoiding potential conflicts of interest while providing practical advice and remedies for any that do arise.
 
Now fifteen years since the publication of the first edition, this title continues to be a trailblazer in this highly topical and continually developing legal area. With the increasing internationalization of law firms - one result being that branches of the same firm in different countries might be called upon to act for opposing clients - actual and potential conflicts of interest are on the increase.

Whilst providing an authoritative guide to the law relating to all aspects of conflicts of interest, this title also offers practical guidance on how the problems and risks of conflicts of interest can be avoided or reduced and provides strategies for assessing and managing conflict situations.