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Contents for the current issue, SEPTEMBER 2023
11. | Case and Legislation Notes: On Revising the Amount of Statutory Bereavement Awards in Singapore Felix Chan Wai Hon and Chan Wai Sum [2023] Sing JLS 481
This comment reviews the amount of damages for bereavement under the Civil Law Act 1909 in
Singapore. It is argued that the current award is inappropriately low and needs to be increased. The statutory amount of bereavement damages should be reviewed periodically, taking inflation and changing economic conditions into consideration.
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| 12. | Case and Legislation Notes: Effect of Amended Claim on a Warrant of Arrest in an Admiralty Action In Rem - The Jeil Crystal Tor Ming En [2023] Sing JLS 490
Suppose I have filed my statement of claim endorsing the writ in rem, and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to exe- cute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This novel issue arose for the first time in The Jeil Crystal, where the Singapore Court of Appeal reversed the High Court’s decision and answered in the negative. Following that decision, if the warrant of arrest has already been executed, the warrant of arrest must be set aside when the plaintiff seeks to substitute an original claim with an amended claim in the statement of claim.
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| 13. | Book Reviews; Corporate Attribution in Private Law by Rachel Leow Hans Tjio [2023] Sing JLS 498
Given the competitive nature of legal academia today, anyone believing in free market economics would seldom find a PhD thesis or monograph that makes one wonder why it had not hitherto been written. Rachel Leow’s book on attribution in private law, based on her Cambridge PhD, falls into that category. Like the proverbial twenty dollar note lying before the economist, you may not pick it up because rationally it cannot be there.
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| 14. | Book Reviews: Company Law: A Real Entity Theory by Eva Micheler Christian A. Witting [2023] Sing JLS 501
Company law is extremely complex, in part because it is founded upon a substratum of statute, regulatory law, contract, tort law, equity and more. Researchers tend each to focus upon one of the main areas of inquiry, these being corporate governance, securities regulation, and corporate liability. Many basic concepts relevant to the study of company law remain contested. Debate rumbles on about matters such as separate legal personality, the boundaries of the company, corporate purpose, limited liability, veil-piercing, and so on. This review focuses upon the question of how the company is to be viewed in theoretical terms. "Theoretical" means, in this context, abstracting from less significant details and concentrating upon the company’s most important elements and functions, and upon the way that it operates in
the commercial world.
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