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Revisiting Remedies And The Legality-Merits Distinction In Singapore Administrative Law: Cbb V Law Society Of Singapore [2021] Sgca 6, Kenny Chng, Wen Qi Andrea Soon
Revisiting Remedies And The Legality-Merits Distinction In Singapore Administrative Law: Cbb V Law Society Of Singapore [2021] Sgca 6, Kenny Chng, Wen Qi Andrea Soon
Research Collection Yong Pung How School Of Law
It is a general principle of administrative law that the courts will not compel a decision-maker to perform a public duty in a particular manner by way of a mandatory order. Notably, in CBB v Law Society of Singapore [2021] SGCA 6, the Singapore Court of Appeal accepted that an exception could be made to this general principle where there was only one reasonable way to perform the public duty in question. Beyond the decision’s obvious ramifications for the law relating to public law remedies in Singapore, this note argues that the Court of Appeal’s reasoning bears significant implications for …
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This article examines the main monetary remedies for breach of fiduciary duty under Singapore law: equitable compensation and account of profits. Both areas of law are in need of clarification, though for different reasons. The law on the account of profits appears stable and uncontroversial. There has not been an opportunity for the courts to consider more fully the proper limitations on the scope of account. However, the authorities that are on point suggest that the duty to account for profits follows almost as a matter of course from breach. In particular, causation between profits and breach is seemingly irrelevant …
The Law Of Remedies – The Importance Of Comparative And Integrated Analysis, Andrew B.L. Phang
The Law Of Remedies – The Importance Of Comparative And Integrated Analysis, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Two simple – and related – theses are advanced in this essay. The first is that, in the search for principle (whether in the law of remedies in particular or in the law in general), comparative analysis is extremely important. Secondly, this essay seeks to explain as well as demonstrate the importance of integrating academic scholarship with practical analysis. While both these theses are deceptively simple, they are by no means easy to accomplish and (perhaps as, if not more) importantly, might even entail a change in one’s mindset.
Restitution [2014], Man Yip
Restitution [2014], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.