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611.  JULY 2001 Issue
p.102

Restitution, Reform and Illegality: An End to Transactional Uncertainty?
Giliker, Paula  •  [2001] Sing JLS 102 (Jul)
This article examines the common law defence of illegality in contract, restitution and trust law. It operates as a bar to claims brought in relation to transactions which contravene the law or are deemed contrary to public policy. The defence frequently produces unjust results, and this has led the courts to intervene to assist claimants. Such assistance takes a number of forms, varying from a generous interpretation of illegality to the development of specific exceptions. However, in consequence, this area of law is characterised by a complex matrix of judicial interpretation and discretion with a number of ill-defined exceptions, which lead to transactional uncertainty. Litigants find it difficult to ascertain, without judicial intervention, whether they may bring an action in contract, restitution or trust law. Whilst the legislators and reformers have maintained the need for an illegality defence, this article examines recent recommendations for reform and questions whether the developing doctrine of restitution (or unjust enrichment) in English law is capable of providing an adequate basis of change. In particular, this article examines the concept of a "structured discretion" forwarded recently by the English Law Commission, and considers whether such a proposal can succeed in providing the reform this area of law badly needs.

612.  JULY 2001 Issue
p.130

Double Jeopardy and Abuse of Process in Professional Disciplinary Proceedings Law Society of Singapore v Edmund Nathan
Sim, Disa Jek Sok  •  [2001] Sing JLS 130 (Jul)
In 1998, a court of three judges in Law Society of Singapore v Edmund Nathan held that the rule against double jeopardy does not prevent the Law Society from initiating a second set of professional disciplinary proceedings based on the same factual matrix as the first if the first had only terminated at the inquiry committee stage. In addition, it held that the initiation of a second set of proceedings based on the same factual matrix was not an abuse of process This article seeks to argue that the rule against double jeopardy should operate to prevent subsequent disciplinary proceedings even if the first set of proceedings had terminated at only the inquiry committee stage. It goes on to argue that the rule against double jeopardy should be triggered by subsequent proceedings based on the same evidence. Alternatively, it argues that the initiation of a second set of proceedings based on the same evidence should be considered as an abuse of process. It concludes by offering some suggestions for reform.

613.  JULY 2001 Issue
p.161

Moral Rights in the Public Domain: Copyright Matters in the Works of Indian National Poet C Subramania Bharati
Mira T Sundara Rajan  •  [2001] Sing JLS 161 (Jul)
This paper deals with copyright and moral rights issues in the works of Indian national poet, C Subramania Bharati. Its focus is on policy questions, touching on the protection of the artistic integrity of creative works, the democratization of access to literature, the possibility of perpetual moral rights protection in artistic works of exceptional national importance, and the appropriate role of moral rights in developing countries. The analysis will concentrate on Indian copyright law. It will also consider the impact of international copyright developments on the law in India, concluding with a brief critique of international principles in their application to developing countries.

614.  JULY 2001 Issue
p.196

The EU Competition Law Implications of Agreements to Keep Parallel Imports Out of the EEA
Hays, Thomas  •  [2001] Sing JLS 196 (Jul)
The use of agreements or concerted practices to keep parallel goods out of the European Union may result in a competition-law violation. Regardless of the status of the intellectual property rights embodied in goods first sold outside of the European Economic Area(EEA), the combination of restrictive agreements prohibiting export to the European Union, combined with a selective distribution system within the EEA that is in a position to exploit the resultant higher price in the market, could be found to violate Article 81 of the EC treaty. As the European Court of Justice slowly delineates the complexities of intellectual property exhaustion, the competition-law issues raised by global parallel trade may come to overshadow the intellectual property considerations that have driven Court of Justice jurisprudence.

615.  JULY 2001 Issue
p.229

Book Review: The Development of Criminal Law and Criminal Justice in Singapore by Chan Wing Cheong and Andrew Phang
Tan, Jill  •  [2001] Sing JLS 229 (Jul)

616.  JULY 2001 Issue
p.231

Book Review: The Path of the Law and its Influence: Then Legacy of Oliver Wendall Holmes, Jr (edited by Steven Burton)
Phang, Andrew  •  [2001] Sing JLS 231 (Jul)

617.  JULY 2001 Issue
p.234

Book Review: Butterworths' Annotated Statutes of Singapore: Criminal Law by Louis D'Souza
Hor, Michael  •  [2001] Sing JLS 234 (Jul)

618.  JULY 2001 Issue
p.235

Book Review: International Commercial Arbitration and State Immunity by Ki Vibhute
Lim, C. L.  •  [2001] Sing JLS 235 (Jul)

619.  JULY 2001 Issue
p.238

Book Review: Principles of Insurance Law (Fifth Edition) by Poh Chu Chai
Lee, Kiat Seng  •  [2001] Sing JLS 238 (Jul)

620.  JULY 2001 Issue
p.240

Book Review: Sentencing Practice in the Subordinate Courts
Chan, Wing Cheong  •  [2001] Sing JLS 240 (Jul)

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