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    04:59 PM Shriram Jayakumar (Associate, Baker McKenzie Wong & Leow)

    When will the reflection show: Sevilleja v Marex Financial Ltd [2020] UKSC 31

    When a defendant has wronged a company, the Reflective Loss Principle bars a shareholder of the company from bringing a personal action against the defendant to recover a reduction in the value of his shares. Such a factual matrix arose in the English Court of Appeal’s decision in Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204 (“Prudential”), which is widely regarded...

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    01:39 PM Ben Chester Cheong (LLM (Cambridge); LLB (1st Class Hons) (Exeter); Lecturer of Law, SUSS) and Poh Chee Eng (BSc (Hons) (Essex); Dip, Law & Management, Temasek Polytechnic; JD Candidate, SUSS)

    Oppression – personal wrongs or corporate wrongs: A commentary on Ascend Field Pte Ltd and others v Tee Wee Sien and another appeal [2020] SGCA 14

    Historically, an aggrieved minority shareholder, “X”, is faced with two primary conundrum, (a) X does not have standing to sue an errant director or require the board to account as a result of the rule in Foss v Harbottle (1843) 2 Hare 461 (“Foss v Harbottle”); and (b) companies operate on the basis of majority rule (see Pearlie Koh, Company Law (LexisNexis, 2017) at para 6.5). The law has come a ...

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    08:57 AM Tan Kah Wai (LL.B. (First Class Honours), National University of Singapore)

    Recognising foreign personal bankruptcy judgments in Singapore – a critical assessment of the common law’s role and its difficulties

    In recent years, the Singapore courts have delivered several decisions on the law of cross-border insolvency. One such recent decision is the High Court’s judgment in Heince Tombak Simanjuntak and others v Paulus Tannos and others [2019] SGHC 216 (“Simanjuntak”) which raises some interesting and pertinent questions over the role of the common law courts in recognising foreign personal bankruptcy j...

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    04:16 PM Shriram Jayakumar (Legal Executive, Baker & McKenzie.Wong & Leow)

    A sensible approach to severance: Tillman v Egon Zehnder [2019] UKSC 32

    If the unreasonable portions of a restrictive covenant are severed from the reasonable portions, will employers be escaping the consequences of widely-drafted restrictive covenants that they were responsible for? Or will this allow their legitimate interests to be protected? ...

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    03:23 AM Tracy Gani (LL.B., Singapore Management University)

    Striking a Balance Between Debtor Relief and Creditor Protection: Section 211D of the Companies Act

    Singapore’s insolvency and restructuring landscape has commended itself to a series of recent legislative amendments. These amendments are part of Singapore’s efforts to enhance its insolvency and restructuring laws to strengthen itself as an international centre for debt restructuring. In 2017, a new set of provisions relating to the scheme of arrangement procedure was introduced vide the Compani...