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    01:27 PM See Kwang Guan (Practice Trainee, Drew & Napier LLC) and Ng Bin Hong (Practice Trainee, Lee & Lee)

    Clarifications on the Mental Capacity Act

    What is the approach to be taken under the Mental Capacity Act (“MCA”) when there is an interaction between a person’s mental impairment and the possibility that the person is under the undue influence of others? Should the court have regard to the actual circumstances that the person is in, or should it adopt a more theoretical analysis that overlooks those circumstances? In the seminal judgment ...

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    05:39 PM S. Chandra Mohan (Associate Professor (Practice), Singapore Management University)

    The Discretionary Death Penalty for Murder: Guidance at Last

    In a much awaited decision, the Court of Appeal has finally provided some guidelines to judges on whether or not to impose the discretionary death penalty in murder cases. The decision of a specially constituted court of five judges, in Kho Jabing v Public Prosecutor [2015] SGCA 1, has made history of sorts. It is a case where five judges, of whom two delivered dissenting judgments, sat to ...

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    12:14 PM Ronald JJ Wong and Jeremy Yeo Wen An (Rajah & Tann Singapore LLP)

    Case Comment: Gimpex Ltd v Unity Holdings Business Ltd and others and another appeal [2015] SGCA 8

    In Gimpex Ltd v Unity Holdings Business Ltd and others and another appeal [2015] SGCA 8, the Court of Appeal considered various issues of admissibility of hearsay evidence in a civil case under the Evidence Act (Cap. 97, 1997 Rev. Ed.) (“EA”), which was recently amended in 2012 on the same. This decision is illuminating for: (a) the Court’s views on the factors to be considered in exercising the ...

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    02:53 AM Chen Siyuan (Assistant Professor, Singapore Management University)

    Misconduct and the Division of Matrimonial Assets: Clarification from the Court of Appeal Chan Tin Sun v Fong Quay Sim [2015] SGCA 2

    Should the fact that a wife had previously poisoned her husband with arsenic result in any reduction in her share for the division of matrimonial assets when the marriage ends in divorce? Following the appeal lodged by the husband in Chan Ting Sun v Fong Quay Sim [2014] 3 SLR 945, the Court of Appeal has now clarified in Chan Ting Sun v Fong Quay Sim [2015] SGCA 2 that extreme spousal misconduct c...

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    03:54 PM Chen Siyuan (Assistant Professor of Law, Singapore Management University)

    Mediated Postnuptial Agreements and Ancillary Matters: Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37

    When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Wherea...