UKSLSS X AUSLSS A Comparative Study of the Development and Applicability of the “Bolam” test across the United Kingdom, Australia and Singapore

"The most rewarding aspect of my work is helping clients navigate complex deals. The sense of accomplishment when a deal is completed - and knowing that my contributions truly made a difference – is what I truly enjoy." - Joel Sherard, Associate Singapore (Seconded to Structured Debt, London)

Interview Transcript with Mr Enzel Tan Enzel is a junior lawyer in the Litigation & Dispute Resolution department at Lee & Lee. He was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in 2022. In this interview, he shares his experience transitioning from student to practitioner, the realities of legal practice, and why Lee & Lee offers a meaningful and dynamic environment for young lawyers to launch their careers. Q: What initially sparked your interes

Emma Leung Trainee Solicitor, Hong Kong Before I joined Freshfields as a trainee in August 2023, I was already familiar with the firm, having worked here as a paralegal. But stepping into the training contract was a totally different experience – and it’s been one that I’ve greatly enjoyed. I’m currently in my seventh seat, back in the corporate team in Hong Kong. Over the past year and a half, I’ve moved through dispute resolution, finance, antitrust, and even spent six mont

By Gareth Lim This article seeks to compare the doctrines of rectification of the Land Registry in Singapore and England. Specifically, it will examine how the varied doctrines of indefeasibility feed into the different approaches that each system has toward mistake.  One of the largest sources of confusion for a student of land law, and indeed private law as a whole, is the cautious approach that legal systems take in handling the interests of third parties. Intuitively, one

By Tan Yen Lin Alyssa Introduction The defence of ‘honest opinion’ under Section 3 of the UK’s Defamation Act 2013 appears simple in theory: if a defendant makes a statement of opinion based on facts and honestly holds that opinion, they are protected from defamation claims [1] . However, citizen journalism and social media has fundamentally changed public discourse, granting individuals complete freedom to make public comments. This has led to a novel type of libel case, whe

Wilfred Ong Introduction The offence of attempt is part of a larger category of crimes collectively called the inchoate offences, which also include the offences of encouraging and assisting; and conspiracy. It seems to me that the time has come for the law to recognise an altogether separate inchoate offence of endangerment. This is because attempts are failed attacks, [1] and attacks and endangerments are fundamentally distinct wrongs eliciting different moral responses. [

by Nickolaus Ng Introduction   According to NHS statistics, the prognosis for transplant patients in the UK is generally favourable. NHS data demonstrates positive outcomes for organ transplantation. After one year, survival rates are high: 83% for heart transplants, 94% for liver transplants, 99% for living donor kidney transplants, and 95% for cadaveric kidney transplants. [1]   The statistics indicate favourable outcomes even after five years, with survival rates reaching

Can an oil drilling project be halted because of the resulting environmental pollution from burning its extracted oil? The United Kingdom Supreme Court’s (“ UKSC ”) landmark decision in Finch v Surrey County Council  (“ Finch ”) [1] on 20 June 2024 marked a pivotal shift in holding polluters accountable and could potentially propel the United Kingdom’s (“ UK ”) Net Zero Strategy forward. Although many are hopeful that the decision marks significant progress in the fight again

“A leading Singapore law firm with an approach to fostering independence while ensuring adequate guidance and supervision for junior lawyers” - Lee Ping, Partner Shook Lin & Bok LLP (“Shook Lin”) is a leading law firm in Singapore, renowned for its comprehensive legal services and expertise in corporate, banking and finance law. The firm has a strong reputation for handling complex, cross-border transactions and disputes given its regional focus across ASEAN, China, India and

“A leading global firm with a robust and balanced array of practice areas, all within a supportive environment with genuinely nice people.” - Iris Gao, Trainee Herbert Smith Freehills (“HSF”) is widely acknowledged as one of the world’s most elite law firms. A product of the merger in 2012 between United Kingdom-based Herbert Smith founded in 1882 and Australia-based Freehills, founded in 1852, HSF shows no sign of slowing down, most recently announcing a merger with United S

By Tan Yen Lin Alyssa Introduction In the recent case of THJ Systems Ltd v Sheridan [1] , the England and Wales Court of Appeal addressed issues surrounding Graphic User Interfaces (GUIs), setting a precedent for treating software-produced outputs. The case focuses on whether GUIs qualified for copyright protection under the Copyright, Designs and Patents Act 1988 (CDPA), and sought to determine the rightful owner of its copyright. This article explores the impacts of THJ v S

Source: https://unsplash.com/photos/blue-and-red-line-illustration-vBCVcWUyvyM By Nickolaus Ng Introduction A considerable amount of global discussion has centred around the legal classification of cryptocurrency assets. In the case of ByBit Fintech Ltd v Ho Kai Xin  (“ ByBit Fintech ”), [1] Philip Jeyaretnam J was tasked with addressing this issue and determining whether crypto assets could be the subject of a trust. ByBit Fintech Ltd ("ByBit") asked the court to officially

Source: https://unsplash.com/photos/a-close-up-of-a-black-object-on-a-white-surface-__ExQoiRqXI By Koh Jia Hao Introduction In Paul v Royal Wolverhampton NHS Trust [1] (“ Paul” ), the UK Supreme Court took the opportunity to re-examine the rules regarding psychiatric harm to secondary victims in the context of medical negligence, particularly whether doctors owe a duty of care to close relatives of the patient, for harm that they have suffered as a result of witnessing the p

Source: https://unsplash.com/photos/books-in-glass-bookcase-jKU2NneZAbI By Sit Jie Ren Introduction The Personal Data Protection Act 2012 (‘PDPA’) was implemented over a decade ago and was last strengthened in 2020. However, despite over a decade of enforcement, Singapore’s data protection regime appears to have had limited success in strengthening personal data protection in Singapore and remains poorly complied with by organisations operating in the country. If anything, th

Source: https://unsplash.com/photos/a-wooden-judges-hammer-sitting-on-top-of-a-table-TdNLjGXVH3s By Chrisllynn Siah Introduction One of the most popular ways the Horizon Post Office scandal has been described is “the most widespread miscarriage of justice the [Criminal Cases Review Commission] has even seen”. [1]  When we try to materialise the idea of justice, our attention is often drawn to Article 6 of the Human Rights Act 1998, which protects citizens’ right to a fair tri

Source: https://unsplash.com/photos/a-small-flag-flying-in-the-wind-on-a-sunny-day-H4sW2TvfcgE By Natalie Koh The United Kingdom proposed a relocation treaty with Rwanda under the UK-Rwanda Migration and Economic Development Partnership Plan (MEDP) [1]  in April 2022. This arrangement allows the United Kingdom to relocate asylum-seekers and illegal immigrants deemed ‘inadmissible’ under the Illegal Migration Act 2023 [2]  to Rwanda, where they will be granted asylum or perman

Source: https://unsplash.com/photos/white-printed-paper-spFYbCSF-Ec By Koh Jia Hao Introduction Ouster clauses are ‘[s]tatutory provision[s] which seek to limit [or completely oust] the ordinary jurisdiction of the court’ in reviewing decisions taken by public bodies [1].  It is trite law that courts would adopt a restrictive interpretation of them. The direct contention between ouster clauses and the court’s power gives rise to a pertinent question: how far would courts go i

Source: https://unsplash.com/photos/white-concrete-pillar-during-daytime-0LUqdizULdY By Sit Jie Ren Introduction The right to equality before the law and equal protection of the law is one of the key constitutional liberties enshrined in Article 12 of the Constitution of Singapore. [1] The orthodox approach taken by Singapore’s courts, when assessing the constitutionality of statutory provisions and executive actions under this Article, has been the reasonable classification

Source: https://unsplash.com/photos/a-person-in-a-coat-and-hat-standing-in-front-of-a-building-ANo2N6IQCQE By Chrisllynn Siah Introduction The 2023-24 Parliamentary session was opened on Tuesday, November 7 by His Majesty The King. During the State Opening of Parliament, King Charles established the Government’s legislative agenda. This involved carrying over the Victims and Prisoners Bill (also known as the Sentencing Bill) that was first introduced during the 2022-23 Parlia