Case Highlights

Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others

In this patent infringement action, the plaintiff, Sun Electric Pte Ltd ("the Plaintiff”), made an application under O 18 r 19 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) ("ROC”) to strike out certain parts of the amended defence and counterclaim dated 17 February 2017 ("the Defence and Counterclaim”) and the particulars of objection dated 5 January 2017 ("the Particulars of Objection”). Although the learned Assistant Registrar Justin Yeo ("the AR”) agreed with the Plaintiff on two out of the three issues raised at the hearing below, the outcome for practical purposes was that the defendants’ counterclaim was substantially allowed to remain as it was....

Article Highlights

Exercising the Right to Terminate - Why Your Default Notice Matters

UK
Construction
Valid or invalid termination can start with contractual 'default' notice
The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice requirements then a party risks invalidly terminating the contract, and exposing itself to a wrongful termination action. Recent case law in the UK and Australia serves as a timely reminder that a valid or invalid termination can start with the contractual “ default ” notice.

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English High Court confirms that Sharia non-compliance will not affect the enforceability of an English Law agreement in an Islamic Finance structure

Islamic finance
Shariah non-compliance won't affect enforceability of English law agreement
The Financial List in the English High Court has considered the preliminary issue of the validity and enforceability of an agreement governed by English law, which formed part of a complex financial transaction partly governed by UAE law and the principles of Islamic Sharia: Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928 (Comm).

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