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SUBJECT INDEX: Singapore
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.

 
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)
 

 

SUBJECT INDEX: Malaysia
Malaysian Tort Law (COMING SOON!)

Providing a comprehensive and analytical coverage of tort law in Malaysia 

 
Personal Injury Reports Consolidated Tables 2013-2018

An dispensable reference for efficient and effective personal injury practice.

 

 

 

 

 
Law and Practice of Corporate Insolvency in Malaysia

Your invaluable reference source for confident corporate insolvency practice

 
Federal Constitution: A Commentary

Provides extensive analytical commentary on the supreme law of Malaysia.

 

 

SUBJECT INDEX: Hong Kong
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, 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 cluster of marginal fishing settlements into a leading international financial centre over the course of oneand- a-half century.

 
An essential text for students studying Legal System, Legal Method, and Legal Ethics, 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 Anglicised and internationalised jurisdiction under Chinese sovereignty.
 
Eric C. Ip is an Associate Professor of Law at The University of Hong Kong. He previously taught at University College London and The Chinese University of Hong Kong.
 
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.
 
 
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: A MULTIDISCIPLINARY PERSPECTIVE

  • On the 30th anniversary of the implementation of the CISG, the title provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law.
     
  • Unique and jurisdictionally relevant thought-leadership content – presents national perspectives.
     
  • Provides fresh critiques on core principles as well as forecasting on potential areas for reform.
     
  • 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).

 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force internationally on 1 January, 1988. 2018 marked the 30th anniversary of its coming into force. So far, CISG has been favourably received by the international community as it helps remove legal barriers for international trade and diminishes uncertainties caused by the private international law system and facilitates contract negotiations in international transactions.

Three fundamental issues are addressed by the CISG:

  • the formation of a contract;
  • the obligations of the seller; and
  • the remedies available to the buyer, and the obligations of the buyer and the remedies available to the seller.

As we celebrate over three decades of this unique experiment at unifying and harmonising the law on international sale contracts and count the increasing membership of the international convention, it is also time to revisit a few specific issues that have arisen from the application of the convention.

 

 

SUBJECT INDEX: United Kingdom
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
 
Clerk & Lindsell on Torts, 22nd Edition, Mainwork & Supplement

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

The First Supplement to the Twenty-Second Edition brings the Main Work fully up to date with the latest developments, including decisions of the Supreme Court in:

  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender
  • Commissioner of Police of the Metropolis v DSD where it was held that art.3 ECHR imposes an obligation on the state to conduct an effective investigation into crimes involving serious violence to persons and that serious defects in the investigation of the particular case were sufficient to amount to a breach of the obligation
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on the requirements to establish tortious conspiracy
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency holding that the imposition of restrictions on fishing licences which impacted disproportionately on the applicant’s livelihood were a breach of the First Protocol, art.1 ECHR
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
 

And in the Court of Appeal, including:

  • CN v Poole BC holding that a local authority did not owe a duty of care arising out of the authority’s responsibilities under the Children Act 1989 to vulnerable children who were being subjected to harassment and abuse by neighbours
  • BAE Systems (Operations) Ltd v Konczak on the apportionment of damage to different causes in cases of psychiatric harm
  • Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd on the ex turpi causa defence
  • Lungowe v Vedanta Resources Plc and His Royal Highness Okpabi v Royal Dutch Shell Plc on the potential liability of a parent company in respect of alleged damage caused by the activities of a subsidiary company overseas
  • Smith v Lancashire Teaching Hospitals NHS Foundation Trust holding that s.1A(2) of the Fatal Accidents Act 1976 was incompatible with the ECHR by excluding a co-habitee of more than two years from claiming bereavement damages
  • Shepherd v Collect Investments Ltd on the calculation of damages for trespass to land
  • Network Rail Infrastructure Ltd v Williams on the liability of an occupier in nuisance for the spread of Japanese knotweed
  • Bussey v 00654701 Ltd (formerly Anglia Heating) on the knowledge an employer ought to have acquired of the risk posed by the exposure of employees to asbestos and the relevance of a Technical Data Note published by HM Factory Inspectorate
 
Additionally, this supplement:
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles, including liability and causation, and details the practice and procedure of seeking solutions
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from foreign torts to negligence, from breach of statutory duty to professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher implications, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation to take in the changes in law brought in with the Defamation Act 2013
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
 
Sales of Shares and Businesses, 5th Edition

The 5th edition of Sale of Shares and Businesses provides a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.

 
 
Guidance for every sale of a business
  • Gives guidance on every part of the sale of business so you can make sure everything is covered and nothing is missed out
  • Helps you draw up agreements for every type of business client using examples drawn from all sizes of transactions from the sales of small business to multi-million pound deals
  • Helps you represent either the buyer and the seller
  • Goes through both sale of shares and the sale of assets so whichever way the business is being bought, you’ll have all the right advice and correctly drafted documents to give to your clients

Start to finish advice on the process
  • Covers pre-acquisition or disposal of a company so you can be fully prepared for negotiations over the sale of a business
  • Outlines the general principles of due diligence and in particular financial and legal due diligence helping you make sure the agreement for sale is based on a true reflection of the value of the business
  • Gives guidance on the key components of a sale agreement so you can draft and check your documents with confidence
  • Includes details on warranties and indemnities so you can ensure you have made provisions for the possible problems that may arise post-sale
  • Covers specialist areas for example, pensions, tax and employment law issues so you’ll be able to quickly find out what the law says on these areas, if they are relevant to the agreement in hand

Draft in line with current developments

  • Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
  • Updates on the General Data Protection Regulation.
  • Shows how property and environmental issues may affect the sale of businesses

Full set of precedents included to save you time drafting
  • Includes a CD-ROM full of all the precedents related to the sale of a business including: acquisition agreements, board minutes and power of attorney precedents
  • Enables you to draft documents more quickly as it gives you precedents on CD-ROM to use as a basis for drafting, or to select the relevant clauses as you need them
  • Saves you time as you can easily find and copy the precedents and clauses you need from the CD-ROM into your own documents