Harassment and Protection from Harassment
In the case of Malcomson Nicholas Hugh Bertram & Anor v Mehta Naresh Kumar [2001] 4 SLR 454, the Court observed that Singapore was one of the most densely populated countries in the world, and opined that “it will make for an intensely uncomfortable living environment if there is no recourse against a person who […]
Derivative Actions and Breach of Director’s duty
Derivative Action: Definition The Board of Directors have to duty to make management decisions in the best interests of the company. Typically, such duties include decisions to commence legal action(s) to right a wrong suffered by the Company and recover losses resulting from such wrongdoing. However, what happens when it is the directors themselves […]
Minority Oppression – Rights of Minority Shareholders
In almost all companies, there are multiple shareholders, and of those shareholders, there is likely a majority and a minority. In an ideal but unrealistic setting, all shareholders share the same vision and are in full agreement on all issues of the Company. Whatever the unanimous decision may be, the company would stand or fall […]
Update on latest Covid-19 Measures for businesses
Introduction As most Singaporeans would now be aware, the Ministry of Health announced a tightening of restrictions in Singapore to curb the rise in Covid-19 community cases. This announcement came shortly after the Ministry of Manpower (MOM) had just earlier in May also announced a slew of tightened safe management measures (SMMs) which employers are […]
Case watch: Key takeaways from the Prudential vs Peter Tan lawsuit for mass poaching of insurance agents
Introduction Prudential Assurance Company Singapore (“Prudential”) had in a landmark case recently concluded before the Singapore High Court sued its ex-agency leader Peter Tan (“Tan”) for orchestrating a mass exodus of up to 244 agents from Prudential to Aviva Financial Advisors Pte Ltd (“Aviva”), a direct competitor. This case is significant because of the […]
10 Do’s and Don’ts for Employers and Employees (Part 1)
Introduction Whilst most employment relationships tend to start on the right foot with the expectation that the relationship will be a positive one, it is not difficult for the relationship to deteriorate and for things to go sideways quickly if the relationship is not properly managed. The result? Tension in the office, growing mutual distrust, […]
10 Do’s and Don’ts for Employers and Employees (Part 2)
Introduction In part 1 of this series, the focus was on potential issues which could arise out of the terms of employment and terminating the employment relationship. In this part 2, we now shift the focus to potential issues arising from the conduct of persons in the workplace (from rank and file employees to managers […]
The Impossible Task: The Triumphant Singapore Story Of The Actuarial Tables For Use In Personal Injury And Death Claims
Introduction There is an often-cited axiom originating from a 1789 letter of Benjamin Franklin – “The only two certainties in life are death and taxes” which till today, in a broad sense, holds true, albeit with some added flavour of modern society. In today’s word, while more of an assumed probability rather than certainty, most […]
TLC succeeds in defending director against multiple claims including conspiracy, breach of confidence and breach of fiduciary duties
Introduction Back in October 2021, TLC successfully defended our client in a case heard in the High Court involving allegations of conspiracy and complex arguments of constructive trusts and elaborate circumstances involving shadow / de facto directors, fiduciary duties and authority of directors who held multiple positions in different companies. After the final issues of […]