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751.  JULY 1999 Issue
p.113

When is a Car Park a Road?
Lee, Kiat Seng  •  [1999] Sing JLS 113 (Jul)
The definition of what constitutes a road is central to the whole scheme of compulsory insurance under the Motor Vehicles (Third-Party Risk and Compensation) Act. This is due to the fact that compulsory insurance against third party liability for personal injuries is imposed whenever a motor vehicle is "used". This concept of use is defined as "use on any road", and road is in turn defined as "any public road or any other road to which the public has access". This means that in order to understand the obligation imposed by the MVA, one has to understand the meaning of the word "road". Of particular interest is whether a carpark is a road for the purposes of the Act. This article looks at recent developments in the UK and compares the UK approach with that of Singapore courts.

752.  JULY 1999 Issue
p.148

The Regulation of Unit Trusts and Trustees' Powers to Invest in Them
Tjio, Hans  •  [1999] Sing JLS 148 (Jul)
As a trustee of a private trust, the range of investment options available today must seem particularly daunting, especially since beneficiaries themselves have greater access to financial information and are consequently better informed. Trustees may be tempted to simply buy into a unit trust. Some things however, stand in the way. First, a trustee may be constrained to invest only in authorised unit trusts by Section 7 and the First Schedule of the Trustee's Act. Even if not, the trustee must still be concerned whether an investment in such funds satisfies the duties of care and skill required of trustees. What does it mean to purchase a unit trust? In particular, is the regulation of such funds sound, and are there problems with delegating the private trustees' investment decision to the trustee or manager of a unit trust?

753.  JULY 1999 Issue
p.180

Share Repurchase - Some Policy and Legal Issues
Loke, Fay Hoong Alexander  •  [1999] Sing JLS 180 (Jul)
The Companies (Amendment) Act 38/1998, passed on 12 October 1998, introduced new provisions permitting companies to buy-back their shares. The Inland Revenue Authority of Singapore and the Securities Industry Council subsequently issued directions and policy statements relating to share buy-backs. This article examines some of the policy and legal issues arising from the rules governing share buy-backs. Amongst these are : the concept of 'ordinary shares', whether the safeguards under the different methods of share buy-backs adequately protect the interests of the shareholders, the tax treatment of proceeds received in a share buy-back and the implications for directors' duties. The new Practice Note 13 to the Singapore Code on Take-overs and mergers will also be examined briefly

754.  JULY 1999 Issue
p.205

Parents and Custody Orders - A New Approach
Ong, Siew Ling Debbie  •  [1999] Sing JLS 205 (Jul)
When divorce terminates a marriage, the children of the marriage lose a fundamental cornerstone to their world of happiness and security. The law recognizes the welfare of such children to be of paramount importance. The court makes custody orders which it considers to be the best for the children under the circumstances. It is proposed that the law should move towards instilling in parents a greater sense of responsibility for their children by embracing the concept that parenthood is for life and that parenthood entails heavy responsibilities. Today, England has replaced the concept of custody orders with parental responsibility. As a consequence of the English Children Act, both parents with parental responsibility continue to be involved in the child's life regardless of the breakdown of the marital relationship. This article discusses recent cases on custody orders as well as the direction Singapore should take with respect to custody orders and parenting responsibilities.

755.  JULY 1999 Issue
p.229

The Enforceability of Mediation Clauses in Singapore
Lee, Joel  •  [1999] Sing JLS 229 (Jul)
This article examines the enforceability of mediation clauses in Singapore. The various arguments against enforceability are examined and this article will argue that in light of current legal conditions in Singapore, a strong case can be made for the enforceability of mediation clauses. In addition the article will also explore some ancillary issues related to the enforceability of mediation clauses as well as recommend potential solutions.

756.  JULY 1999 Issue
p.248

Reform of the Subordinate Courts' Appellate Structure The Rules of Court (Amendment No 2) Rules, 1998
Pinsler, Jeffrey  •  [1999] Sing JLS 248 (Jul)

757.  JULY 1999 Issue
p.257

Enforcing an ADR Clause: Cott UK Ltd v Barber Ltd
Lee, Joel  •  [1999] Sing JLS 257 (Jul)

758.  JULY 1999 Issue
p.265

Liability for Pure Psychiatric Injuries - "Thus Far and No Further"? White and Others v Chief Constable of South Yorkshire Police and Others
Leong, HS Susanna & Lan, Luh Luh  •  [1999] Sing JLS 265 (Jul)

759.  JULY 1999 Issue
p.281

Book Review: Blackstone's Guide to the Competition Act 1998 by Susan Singleton
Phang, Andrew  •  [1999] Sing JLS 281 (Jul)

760.  JULY 1999 Issue
p.282

Book Review: Trusts Law in Australia by Denis SK Ong
Abdullah, Aedit  •  [1999] Sing JLS 282 (Jul)

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