A New Approach to Breach of Confidence
If a person copies, stores or circulates confidential information without permission, but not use it to another person’s detriment, would the person be liable for breach of confidence? Prior to this landmark decision by Singapore’s apex court, the answer was “No”.
Where marriage is not a 50-50 proposition
How should courts divide matrimonial assets in “highly unusual” marital breakdowns? The three-step structured approach to the division of matrimonial assets is a useful starting point for courts to determine the appropriate ratio to be ascribed to each party. However, should courts depart from this starting position where a party is found to have made negative contributions to the family in the course of the marriage? In this "highly unusual" case, the Court of Appeal held, inter alia, that the Wife’s contributions to the family should be ascribed a negative value. Notwithstanding this, the Court of Appeal reversed the High Court’s decision by affirming the three-step structured approach to grant division of the matrimonial assets 75:25 in favour of the Husband.
Court upholds compensation of $170,000 to deceased Bangladeshi worker’s family after appeal
Appeal made by the deceased’s employer and its insurer against work injury compensation dismissed by court
Legislation Update: COVID-19 (Temporary Measures) Act 2020
If your business has been affected by COVID-19, consider if you may seek temporary relief under the new law or object to another party relying on such relief.
Cybersquatting, Contracts, Illegality & Public Policy
A commentary on 3 Corporate Services Pte Ltd v Grabtaxi Holdings Pte Ltd [2020] SGHC 17
Questions Facing Unwed Mothers: Birth, Adoption, and Maintenance
Amelia* is turning 18 years old this year and has just gotten out of an abusive relationship with her now ex-boyfriend. Around the time of the breakup, she found out that she was about eight weeks pregnant with her ex-boyfriend’s child. When she told him about the pregnancy, he told her in no uncertain terms that he wanted nothing to do with her or her child. Strangely, however, he is adamant that the child should not be given up for adoption. He told her to choose between aborting the pregnancy or raising the child on her own. Amelia has since been kicked out of her family home and is distraught and at a loss as to what to do.
Under Control - Masks, Price Gouging, and the Provisions of the Price Control Act
The outbreak of the 2019 Novel Coronavirus (now designated by the World Health Organization as COVID-19), continues to dominate the news and capture our attention. In the first few days after the first reports of cases in Singapore, long queues formed outside retailers such as Guardian and Watsons as ordinary citizens tried to purchase surgical and/or N95 masks.
Behind the Quarantine Order – the legal basis for compelling the isolation of persons suspected of the 2019 Novel Coronavirus
The current outbreak of the 2019 Novel Coronavirus (2019-nCoV), or the Wuhan coronavirus, as it is more commonly known, has sparked alarm and concern cross the globe. The number of persons infected have surpassed that of SARs, with no signs of abating. Given how contagious the virus appears to be, health authorities around the world are pulling out all stops to minimise the risk of the virus spreading within their communities. One of the key strategies in fighting the contagion is to identify and isolate persons who may be carriers of the virus.
Note on Payment Services Act
MAS has issued the Guidelines on Licensing for Payment Service Providers, Guideline No: PS-G01 (18 December 2019) and specimen forms for PSA.
Travelling Safe: Outrage Onboard Public Transportation
In recent times, there has been a noticeable rise in reported “outrage of modesty” and “insult of modesty” cases[1]. This has been identified as a key concern for the authorities, who have been noted to state that they will be working closely with “stakeholders and the community to prevent and deter” such cases.
Legislative review to allow non-parents to apply for guardianship of a child
We responded to the invitation for feedback under the Public Consultation on Recommendations submitted by the Committee to Review and Enhance Reforms in the Family Justice System by the Ministry of Law and the Ministry of Social and Family Development. In our work with various social service agencies ("SSAs”) in Singapore, Covenant Chambers LLC has received several enquiries where non-parents are seeking to apply to be guardians of a child.
Doctor’s Conviction for Disclosure of Patient’s Confidential Medical Information in a Medical Emergency Overturned by the Court of Three Judges
In a welcome move for the medical profession, the Court of Three Judges set aside the Singapore Medical Council’s conviction of a psychiatrist for giving out a patient’s confidential medical information to a next-of-kin in a medical emergency. The SMC’s conviction of the National University Hospital (NUH) psychiatrist for disclosing the patient’s medical information without verifying the requester’s identity sparked an outcry amongst members of the medical profession, who expressed concern that the Tribunal’s decision would fuel the practice of defensive medicine.
Pet Boarding: Are Your Pets Really in Safe Hands?
All pet owners have one thing in common: the fear of leaving your beloved pet in the hands of another whom you have no visibility or control over whilst being away. The common consensus also suggests that traditional pet boarding facilities prioritise safety by being strict in segregating their boarders, and at times, confining these pets to restrictive spaces.
Mitigating Human Error in Personal Data Management - PDPA Compliance to Cut Bottom-Line Losses
The Personal Data Protection Act (PDPA) exists as a statute to govern the collection, use and disclosure of personal data by organisations. However, with the trifecta of "failure points" which includes human negligence, poorly implemented processes, and disregard for the act, the inadvertent result happens.
Case Update: Philip Antony Jeyaretnam & Another v Kulandaivelu Malayaperumal & Another [2019] SGHC 214
This case concerned one Dr Paul Freda Malliamalar (“Dr Paul”) and her property. Dr Paul was a paediatrician at the Singapore General Hospital. She passed away in 2016 at the age of 87 years old. The Plaintiffs are the executors of the Estate of Dr Paul, and were previously her court-appointed deputies.
Film Financing Intro: Producing a film, writing a screenplay, or acting in a film? What you need to know to navigate the law and finance of the film industry
I love movies, short films, videos, television series. I binge on them. I talk about them with friends. I get jealous that TV series like La Casa De Papel, Fauda, Kim’s Convenience get picked up by Netflix for distribution to international acclaim. Singapore has produced great films like Apprentice, Pop Aye, 7 Letters, Ilo Ilo, 881, Singapore Dreaming, and more recently, A Land Imagined. What’s stopping Singapore content creators from producing more great work that receive international acclaim?
Case Update: Teo Lay Gek & Another v Hoang Trong Binh & Another [2019] SGHC 84
This case centred on a dispute that arose in a settlement agreement between the minority shareholders (Plaintiffs) and majority shareholders (Defendants) of Agape Holdings Pte Ltd (“Agape Singapore”), a company incorporated in Singapore.