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• Debt Recovery, Dispute Resolution, Law SuitWhat You Need to Know About Letter of DemandsA demand letter plays a crucial role in the legal system of Singapore, serving as a written notice to individuals or businesses that have failed to fulfil their contractual obligations or pay debts owed. In this article, we will delve into the usage and purpose of letters of demand in Singapore, and examine the benefits they offer, when they should be used, and what they should contain. Do note that such letters are best written by lawyers (attorneys). What exactly is a Letter of Demand in Singapore? Writing a letter of demand is a useful way to communicate with your debtor and could help to resolve your issue without having to take legal action. It is important to be clear and concise in your letter in order to achieve maximum impact. This type of letter is often a written letter sent to someone who has failed to pay their debt or fulfil a contractual obligation. The purpose of the letter is to formally request that the recipient takes immediate action to rectify the situation and meet their responsibilities and to give the debtor (the breaching party of an agreement) a deadline for fulfilling their obligations. In Singapore, letters of demand are often the final step before taking legal action and provide a clear and concise record of the outstanding debt or obligation, giving the recipient an opportunity to respond or even to state their position on the matter. How do I write a letter of demand? Begin your letter by stating your name, address, and contact information. Explain i the purpose of your letter and make sure to state the issue and your desired resolution. Be sure to provide specific details, such as dates and names, in order to make your point clear. Keep in mind that a letter of demand is a formal document and should be written in a professional manner. Be sure to maintain a polite and courteous tone. End your letter by restating your grievance (if any) and the resolution you’re demanding. Include a timeline for the resolution to be met and provide contact information in case they need to reach out to you. Make sure to keep a copy of the letter and all other correspondence related to this issue. In Summary, your Letter of Demand should contain the following: The name and contact details of the recipient Details of the debt or obligation, including the amount owed, the date it became due, and any relevant supporting documentation such as invoices A clear and concise request for payment or action to be taken within a specified period of time A warning that legal action may be taken if the recipient fails to comply with the demand When is it Appropriate to Send a Letter of Demand in Singapore? A letter of demand should only be sent after all other efforts to resolve a contractual dispute or collect a debt have been unsuccessful. This may include sending reminders, negotiating payment plans, or seeking mediation. If the recipient continues to neglect their obligations, a letter of demand may be sent as a final attempt to resolve the matter before taking legal action. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What happens if the recipient of a letter of demand does not respond? If the recipient of a letter of demand does not respond, you should commence legal proceedings against the debtor. It is best to contact a lawyer to evaluate your case before you proceed further on your own. Advantages of Using a Letter of Demand in Singapore There are many benefits to using a formal demand letter in Singapore. They are: Providing an official and clear record of the outstanding debt or obligation Allowing the recipient an opportunity to rectify the situation and meet their responsibilities or make restitution of the amount owed to you before legal action is taken against them Avoiding the cost and time associated with a court case by resolving the matter outside of court Protecting the rights of the creditor and ensuring fair compensation for any loss incurred What is the time frame for responding to a letter of demand? The time frame for responding to a letter of demand in Singapore is fourteen (14) days. If you have a good reason only to provide a shorter time frame, you should discuss this with your lawyer, who would be able to advise you if this is legally allowed. If you fail to respond within the allotted time, the other party may take legal action without further notice to you. It is, therefore, important to act quickly and seek legal advice if you receive a letter of demand so you can respond within the required time frame. Should I download a Template Letter of Demand online and use it? As experienced lawyers, we would strongly advise against downloading a sample letter of demand from the internet. Despite the fact that it might seem like a simple and quick solution, using a generic template can be very damaging in litigation. First and foremost, a sample letter might not accurately reflect the particulars of your case and might not contain all the details needed to make a demand in an effective way. Additionally, templates frequently lack the personalised touch that can make a letter of demand more compelling and convincing. Instead, they are written in a generic and formulaic manner. A demand letter’s tone can be extremely important to its effectiveness, and a generic template might not adequately express the seriousness and urgency of your request. Utilizing a template can also make your letter seem less credible and professional, which could harm how your case is perceived and your ability to negotiate a favourable resolution. It is always advisable to work with a lawyer to create a personalised and expertly crafted letter of demand tailored to your unique needs and circumstances in order to ensure the best outcome. And if we are being candid about it, printing your letter of demand without a law firm’s letterhead lacks that “punch” when you are demanding your rights. In Conclusion In conclusion, letters of demand serve as a critical component of the legal system in Singapore, providing a formal way to request payment or action from those who have failed to fulfil their obligations. The current prevailing laws in Singapore require a letter of demand to be sent first before litigation is commenced (Letter of Amicable Resolution). By understanding the usage and purpose of letters of demand, their benefits, when they should be used, and what they should contain, you can effectively utilize them to resolve contractual disputes and collect outstanding debts. At Lions Chambers LLC, we have assisted clients in recovering their debts. Our most successful debt recovered as of the date of this article for a single client was for the sum of about S$670,000. This debt was recovered without commencing a lawsuit, and our client merely spent approximately S$5,000 in fees, and the total time spent was about three months. Contact us today at +65 8777 3677 or WhatsApp Us through this link. [...]

  February 14, 2023
• Dispute Resolution, Law Suit, TenancyWhat You Need to Know About the Eviction Process in SingaporeWhat You Need to Know About the Eviction Process in Singapore As a landlord in Singapore, you need to protect yourself against tenants who fail to pay rent or destroy your property. You may often wonder what protections or remedies legal have. It’s worth stating that in Singapore, the tenancy laws generally favour landlords. Reading this article could be considered a self help guide for eviction (also known as an unlawful detainer application in other jurisdictions). Just bear in mind that if this is your first time handling an eviction, it is best to engage professionals. What are the legal grounds to evict a tenant in Singapore? Eviction is the legal process of a landlord terminating a tenant’s right to occupy a property. In order to legally evict a tenant, a landlord must have valid grounds for the eviction. The most common legal grounds for eviction are: Nonpayment of rent (Unpaid Rent)– If a tenant is behind on rent payments, a landlord may be able to evict the tenant legally. The amount of notice given before the eviction depends on state laws. Breach of the tenancy agreement – If a tenant has violated the terms of the lease agreement in some way, a landlord may be able to evict the tenant legally. Illegal activity – If a tenant is engaging in illegal activity on the property, a landlord may be able to evict the tenant legally. Expiration of lease – If a tenant’s lease has expired, a landlord may be able to evict the tenant legally. No matter the reason for the eviction, the landlord must follow the proper legal steps in order to evict a tenant from the property successfully. It is best to consult a lawyer before starting the eviction process. A landlord is not permitted to evict a tenant without a good legal reason. The tenant may contest the eviction and seek compensation from the landlord for any losses they have sustained as a result of the landlord’s attempts to evict the tenant without a valid legal reason. It is also worth noting that in the Courts, the Judge will take note of the parties’ conduct prior to the lawsuit when considering how the Landlord or the Tenant had behaved. The threshold test would be to evaluate the parties’ conduct and whether they had acted in accordance with the terms of the tenancy agreement. What is the notice period for eviction? The notice period for eviction varies depending on from tenancy agreement to tenancy agreement. Generally, most agreements require that tenants be given a minimum of 14 days notice before the eviction process can begin. Additionally, some leases or rental agreements may have their own eviction conditions, so it’s important to review your tenancy agreement carefully reviewed by a professional to get the exact details. What steps are involved in expelling a tenant in Singapore? In Singapore, the following steps are typically taken to evict a tenant: Serve the tenant with a Notice of Termination, allowing them reasonable time to move out Attempt Peaceful Re-Entry Professionally Apply for an eviction order at the Small Claims Tribunal. Obtain a Writ of Possession from the court and use the court bailiff to enforce the eviction order. The right steps must be taken by the landlord when evicting a tenant in order for the eviction to be considered legal. The tenant may contest the eviction and seek compensation for any losses they have suffered as a result if the landlord does not follow the correct procedures. What are the consequences of refusing to comply with an eviction notice? It is important to understand that if you refuse to comply with an eviction notice, there can be serious consequences. Depending on the state or local jurisdiction, the landlord may take legal action to have the tenant removed from the property. This can involve going to court and having a judge issue an eviction order. In addition, the landlord may also be able to bring an action for past due rent or additional damages. If the tenant fails to vacate the premises, the Court appointed Sheriff or Police can be called in to remove them from the property. This process often involves the Court appointed Sheriff changing the locks and removing the tenant from the property forcibly. The tenant can also be charged with criminal trespassing if they remain on the property after the eviction process has begun. It is important to note that even if the tenant disagrees with the eviction notice, it must be complied with. Otherwise, the landlord can take legal action and the tenant may be faced with serious consequences. What is a writ of possession in an eviction case? A writ of possession is a document issued by a court that orders a tenant to vacate a property and gives the landlord the right to take possession of the premises. This document is usually issued after the landlord has filed an eviction case and won a judgment against the tenant. The writ of possession provides the tenant with a legal document that states the amount of time they have to leave the property and any other court-ordered conditions they must comply with in order to avoid potential criminal charges. What are my rights as a tenant in the event of eviction in Singapore? As a tenant, you have certain rights when it comes to eviction. Depending on the laws in your state, you may be entitled to certain protections and rights when it comes to the eviction process. Generally speaking, you have the right to receive proper notice from your landlord before the eviction process can begin, and you have the right to dispute the eviction in court. Additionally, you may have the right to receive sufficient time to find a new place to live, or be entitled to financial compensation for relocation costs. It’s important to familiarize yourself with your state’s laws, so you understand your rights and can defend yourself in court should the need arise. A tenant who believes they have been wrongfully evicted may file a legal challenge against the eviction and seek damages for any losses they have suffered. To better understand their options and rights during the eviction process, a tenant may also seek legal counsel from a lawyer. The Tenant must be minded that they would need. During the eviction procedure in Singapore, a tenant has a number of rights, including the right to: Obtain the landlord’s Notice of Termination In court, fight the eviction Make a claim for reimbursement for any losses they sustained as a result of the illegal eviction. How long does an eviction stay on my record? So long as the matter is not being resolved in the Singapore Courts through a lawsuit, there should be no record of your eviction. If the matter is being resolved through a lawsuit, and if the Landlord obtains judgement against you, the eviction order may permanently be in your record.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What obligations does a landlord have during the Singaporean eviction procedure? During the Singaporean eviction procedure, a landlord is responsible for a number of things, including the following: Serve the tenant with a proper Notice of Termination. Follow the correct eviction procedures. Give the tenant a sufficient period of time to leave the property refrain from evicting the tenant in an unlawful manner, such as by changing the locks or cutting off the utilities Any losses the tenant suffers as a result of the landlord’s negligence during the eviction procedure may be their responsibility. If a landlord evicts a tenant unlawfully, they may also be subject to fines or legal action. What possible repercussions could an illegal eviction in Singapore have? In Singapore, an unlawful eviction can have a number of negative effects on the landlord, such as: Financing Penalties Civil action brought by the tenant loss of credibility and reputation in the real estate market The government or other relevant authorities may fine or take legal action against a landlord who uses unlawful eviction methods. When evicting a tenant, it is crucial for a landlord to follow the correct procedures and laws to prevent any legal complications.   What are the best ways for a landlord in Singapore to prevent disputes with tenants? In Singapore, a landlord can follow a number of best practices to prevent disputes with tenants and ensure a smooth eviction process, such as: keeping lines of communication with the tenant open and transparent delivering a strong lease agreement to the tenant keeping track of every payment for rent and other transactions evicting a tenant according to the correct procedures and legal requirements Can I appeal an eviction decision in court? Yes, you can appeal an eviction decision in court. If a order for eviction has been made you need to file your Notice of Appeal within fourteen (14) days. Its best that you engage a lawyer immediately due to the limited time that you have. Your lawyer should provide you with their legal analysis of your case and now armed with this information, you can consider filing an appeal in court. It is highly recommended to consult with a lawyer who specialises in tenancy disputes to ensure that you have the best chance of success for your appeal. How can I find a Lawyer to help with an eviction case? If you’re facing eviction, it’s important to have experienced legal help on your side. The best way to find an lawyer to help with your eviction case is to contact us. If you decide to engage another lawyer, make sure to ask about their experience with eviction cases. It’s also important to inquire about the cost of their services. At Lions Chambers LLC we have successfully evicted nearly one tenant per month since incorporation. We have evicted tenants from HDB units, Condominium Apartments, Corporate Offices and even Industrial Properties (Workshops). Contact Lions Chambers LLC for legal help. We specialise in evicting residential and corporate tenants. Contact us at @+65 8777 3677 if you need assistance. [...]

  February 10, 2023
• Family Law, Law Suit, Probate, WillsDeathbed Wills & WillsWhat is a will? A will is a legal instrument in which a person, the testator, specifies the method to be applied in the management and distribution of his estate as well as in carrying out his or her wishes after death. In Singapore, wills are governed by the Wills Act. What is a deathbed will? A deathbed will is a legal instrument created and executed when the testator is terminally ill, hospitalised and is facing imminent death. What to include in a (deathbed) will? A testator should have a list of all property, possessions and money and all liabilities. He or she should include the beneficiaries who will inherit the estate and how much they will receive, the executors who will handle the estate after death, a revocation clause that will revoke all previous wills and codicils as well as a residuary clause that will handle bequests which are void due to death of a beneficiary. What happens if you don’t leave a (deathbed) will? If a will has not been written up or is declared invalid, the person will have died intestate, resulting in the distribution of the assets according to the law of the country in which he or she was residing at the time of his or her death. In Singapore, these rules are outlined in section 7 of the Intestate Succession Act. Survivor Absent Entitlement Spouse Parent and issue (Lineal descendants such as children, grandchildren) A spouse is entitled to the whole of the estate Spouse and issue   A spouse is entitled to one-half of the estate, the issue gets the other half in equal portions Issue Spouse Issue entitled to equal portions of the estate; grandchildren to get their parent’s share if their parent is already dead Spouse and parent/s Issue A spouse is entitled to one-half of the estate, parent/s get the other half of the estate in equal portions Parent/s Spouse and issue Parent/s entitled to the whole of the estate in equal portions Brothers and sisters as well as children of deceased brothers or sisters Spouse, issue and parents Brothers and sisters entitled to the whole of the estate in equal portions; children of deceased brother or sister to get their parent’s share in equal portions Grandparents Spouse, issue, parents, brothers and sisters or children of such brothers and sisters Grandparents entitled to the whole of the estate in equal portions Uncles and aunts Spouse, issue, parents, brothers and sisters or their children and grandparents Uncles and aunts entitled to the whole of the estate in equal portions None Spouse, issue, parents, brothers and sisters or their children, grandparents, uncles and aunts Government entitled to the whole of the estate Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now It is to be noted that the Act does not apply to the estate of any Muslims. In the case of any Muslim person residing in Singapore dying intestate, the estate shall be distributed according to Muslim law (faraid) and administered by the Syariah Court. How can a (deathbed) will be valid? A (deathbed) will is valid if it is executed with the formalities required by the country in which the person resided. In Singapore, this means that the will must be in writing, signed at the foot by the testator or by a person in the presence and direction of the testator, witnessed in the presence of at least two witnesses and also signed by the witnesses in the presence of the testator. It is also valid if approved by a medical practitioner who is satisfied of the testamentary capacity and understanding of the testator and who has recorded his findings in a memo. What is testamentary capacity? To have testamentary capacity, the testator must understand the nature of making a will and its effects, have a general idea of the extent of the estate he or she is disposing of, have knowledge of the persons for whom he or she would usually be expected to provide (even if he or she chooses not to) and must be free from any delusion of the mind that would influence him or her to make bequests in the will that he or she would not otherwise have included. How can a (deathbed) will be challenged? A deathbed will, as mentioned above, is prepared close to death. Although it is a type of will that is valid and legally binding, it is prone to errors for several reasons. The rushed and hastily drawn will fail to properly distribute the assets as the testator intended. The will may be invalidated if it does not meet a certain legal requirement such as having the requisite number of signatures from witnesses who are not related to the testator and do not seek to benefit from the will. The testator may fail to appoint executors to administer his or her estate in accordance with the instructions of the will. Disappointed beneficiaries, who feel that they have been unfairly overlooked, will contend that the testator lacked sufficient mental and decision-making capacity or that the will was subjected to undue influence, mistake or fraud. How to prevent successful challenges to a (deathbed) will? It would be helpful to keep statements from the witnesses present at the time. These statements can include whether the testator was fully aware of what he or she was doing, whether anyone appeared to be controlling or manipulating the testator and whether the testator had an idea of what he or she possessed and who his or her beneficiaries will be. This is because after a certain amount of time had passed, witnesses may not be able to remember the events clearly and may give conflicting and unreliable accounts.   Furthermore, you should ensure that your will is properly drafted and executed, video record the will signing, have a doctor certify testamentary capacity in the testator and remove the appearance of undue influence by having no family members present at the discussion and signing of the will. These will likely prevent a will contest from succeeding. How can we help? Writing a will, be it at the last minute, allows you to have your assets divided up according to your wishes, saving a lot of unnecessary expense, distress and hassle for your family after your death. At Lions Chambers LLC, we have an experienced team of lawyers who are able to guide you through the drafting process, complex state laws and complicated circumstances. We are able to able to help prevent challenges to your (deathbed) will, allowing you and your family to have peace of mind. [...]

  August 24, 2021
• Dispute Resolution, Family Law, Law Suit, WillsWhat is a trust?Under the laws of Singapore, a person who owns a thing (“property”) is said to have an interest in it. This “interest” in property can further be divided into a legal interest and an equitable interest. In this article, we seek to clarify the concepts of legal interest, equitable interest, and trust. To have a legal interest in a property means that, under the black-letter laws, a person owns that particular property. This is the case in circumstances where, for example, a house is held in the name of a certain person (the registered proprietor). This certain person is the legal owner and possesses a legal interest in the house. To have an equitable interest in a property means that while a person may not be the legal owner of a particular property, he or she may have a beneficial interest in the property. A legal interest is enforceable against the whole world. In contrast, an equitable interest generally cannot be enforced against a person known as equity’s darling – a bona fide purchase for value without notice. Of course, in most situations, property interest in a thing resides in a person or entity as a single interest, without separation into a legal or equitable interest. For example, where a consumer buys a consumer product (e.g. a bar of soap) without any instance of fraud, or without intending to hold it for the benefit of someone else, the property interest in the bar of soap vests in that consumer, being the both legal and equitable owner of a bar of soap. A common situation in which the legal interest separates from the equitable interest is where a property is held on trust for a beneficiary – the trustee is the legal owner of the property, while the beneficiary is the equitable owner of the property. What is a trust? A property is said to be held on trust (by a trustee) for another person (the beneficiary) where the trustee is made the legal owner of the property, but the beneficiary is the person intended to benefit from the trust (and the property) and the beneficial or equitable owner of the property. As such, the trustee manages the trust property for the beneficiary. The person who creates this trust relationship is known as the settlor and maybe the same person as a trustee. Of course, the trustee is not given free rein to do whatever he wishes to the trust property. A trustee owes a beneficiary certain duties, including the duty to exercise reasonable care and skill in the discharge of his powers, to exercise his discretion properly, and to adhere to the terms of the trust instrument.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Due to the features of the trust relationship are commonly used for the following purposes: Estate planning – via a testamentary trust for assets to be distributed by the trustee after your death; Preventing & protecting against depletion of assets – since only the trustee has the power to manage the property; Charitable purpose – to ensure that the trust property is used for the specified charitable purpose; Tax savings – trust structures may face lower taxation rates in certain jurisdictions, as compared to other financial structures. Elements of a trust Several requirements must be met in order for a trust to be formed. These are the three certainties. A trust must also be constituted by either a transfer of trust property or a declaration of trust. Statutory provisions regulating the creation of trust must also be complied with. The settlor must also have the requisite legal and mental capacity for the trust to be validly created. The three certainties Certainty of intention – the settlor must have had the intention to create the trust obligation; Certainty of subject matter – the trust must be created over specific property; and Certainty of object – trusts must usually be created in favour of legal purposes, with the exception of purpose trusts. Powers of the trustee The Trustees Act, and common law principles set out the regulations relating to the operation of trusts and trustees. The powers of a trustee depend on the specific terms of the trust instrument. For example, a trust instrument may give the trustee the power to direct trust funds to funding a beneficiary’s education, or may authorise the trustee to invest in certain financial products. How We Can Help You A trust structure may serve a variety of purposes, ranging from estate planning, to ensuring that an errant child does not deplete the family fortune. If you think that you would require a trust or would like to know more about how a trust could be used for your purposes, please consult Lions Chambers LLC. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 17, 2021
• Criminal Law, Dispute Resolution, Law SuitMitigation Plea in SingaporeThe Gentle Art of Mitigating When an accused pleads guilty or is found guilty after a trial, he is entitled to make, or have made on his behalf, a plea in mitigation before sentence is passed by the court. The prosecution will also be given the opportunity to make arguments about what the sentence should be. What is a plea in mitigation? A mitigation plea is made in the majority of criminal cases. It involves informing the court of any mitigating factors the accused may have, followed by a request for compassion and leniency in the hope of a lesser penalty upon conviction. The objective of a plea in mitigation is to obtain the least punishment reasonably available in all circumstances, which is consistent with justice and to convince the court of the most appropriate sentence for the accused. What are mitigating factors? A mitigating factor is any information or evidence presented to the court regarding the personal circumstances of the accused or the circumstances surrounding how the offence had been committed or had occurred. This gives credit to the accused and allows the court to impose a lighter sentence than it usually would. It is to be noted that maximum credit for a guilty plea can only be guaranteed if the accused pleads on the earliest reasonable occasion and does not claim trial. Additionally, it would be good to take into consideration what the court’s sentencing powers are, whether a minimum sentence is prescribed for the offence, whether a custodial sentence is mandatory and whether other punishments such as driving disqualification, caning, probation or reformative training, preventive detention or corrective training are applicable. What are the examples of mitigating factors? Mitigating factors can be divided into two categories: Specific mitigating factors – which reduce the seriousness of the offence committed Personal mitigating factors – peculiar to the accused which would merit leniency For the former, these include minor loss or detriment suffered by the victim, the minor or subordinate role played by the accused in the offence, the victim’s culpability in participating in the crime. For the latter, these can be divided up further into: The accused’s background and attitude – e.g. family background, educational qualifications The accused’s previous good character – lack of prior criminal record, worthy social contributions and distinguished public service The accused’s behaviour subsequent to the commission of the offence that shows his remorse and acceptance of responsibility – plea of guilt avoiding the wastage of the court’s time and resources, co-operation with the authorities and admissions to police, making restitution to the victim The accused’s age – most juvenile offenders below the age of 21 with no prior convictions are dealt with sympathetically, bearing in mind the potential for rehabilitation. Imprisonment is usually an option of last resort and is reserved for serious offences or where earlier efforts at rehabilitation have failed. Discounts could possibly be given to elderly offenders in special circumstances or where there is long-term imprisonment. The accused’s medical history or psychiatric condition – ill health such as cancer, mental conditions such as intellectual disability, mental illnesses such as schizophrenia could compromise or impair the judgment of the accused at the time the crime was committed; it can also be argued that imprisonment would endanger the accused’s current medical condition. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The circumstances at the time of the offence – provocation, financial hardship, emotional difficulties, extreme stress, intoxication that is not voluntary, entrapment Other circumstances – immediate crisis or disaster The likely effect of the sentence on the accused or his family and dependents – employment prospects, hardship to the accused’s family Considerable time spent in remand/custody Delay in prosecution – must have been significant and prejudicial to the accused These mitigating factors must be balanced off or weighed against the aggravating factors in the case. Less weight will be accorded to mitigating factors in serious cases such as rape, murder or robbery because of the moral depravity of the crime. After the judge imposes a sentence, the accused may make an appeal against it if he feels that it is manifestly excessive or if there are errors in the criminal process or in the application of the law. The prosecution may appeal against the sentence as well. If the accused pleads guilty and is convicted, he can only appeal against the extent of the sentence and not for any legal or factual issues. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 16, 2021
• Bankruptcy, Criminal Law, Debt Recovery, Dispute Resolution, Law SuitStopping Debt Collectors HarassmentIf you fail to pay your debts, you may see debt collectors coming to your place to ‘encourage’ you to pay up. Such cases are getting more and more common. There are cases where debt collectors are jailed for displaying aggressive behaviour and insulting words in a residential area in the late hours of the evening.  Some Debtors are even harassed while they were at work. Being debt-collectors does not make them larger than the law. Debt collectors are still subject to the laws of the Republic of Singapore. Some possible crimes that debt collectors may commit in the heat of the moment include:- Inflicting hurt or grievous hurt If you are physically harmed by the debt collector, he may face up to 2 years’ imprisonment, a fine of up to S$5,000 or both. Depending on the seriousness of the injury, he may even cause you ‘grievous hurt’. This includes fractures, dislocations, deep cuts. If the debt collector is held to have caused you grievous hurt, he may face up to 10 years imprisonment and a fine or even caning. Harassment and stalking If the debt collector harasses you by using threats or intimidation to the extent of causing you distress or alarm, it may constitute harassment under the Protection from harassment act. If the debt collector follows you home frequently and causes harassment, alarm or distress to you, they may be guilty of unlawful stalking as well. Unlawful stalking can also be by way of repeatedly sending emails or even WhatsApp messages. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Unlawful Assembly If the debt collectors show up in large groups of more than five and start shouting, intimidating and harassing you and your family, they may be guilty of unlawful assembly. Members of an unlawful assembly may be sentenced to prison for up to two years, fined or both. Vandalism If the debt collectors start to splash red paint and spray graffiti all over your property, they may be guilty of an offence under the vandalism act. If found guilty of vandalism, an offender may be fined up to S$2,000 or imprisonment for a term not exceeding three years and caning. On top of the possible criminal offences debt collectors may face if they overstep their bounds while carrying out their jobs, debt collectors are also bound by the code of conduct by the Credit Collection Association of Singapore. CCAS may investigate any allegations of breaches, and the CCAS may impose and publicise any sanctions for a violation of the Code of Practice. Under the code of conduct of the CCAS, we have to treat debtors facing financial difficulties with empathy. If the debtors face mental health issues, the debt collectors have to be careful in assessing the situation before acting. Debt collectors are also not allowed to disclose and disseminate sensitive information. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 13, 2021
• Bankruptcy, Conveyancing, Corporate Law, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, Tenancy, WillsEnforce a Foreign Judgment in SingaporeThe answer to this question is, generally, yes you can. 3 statutes govern this issue, namely: Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264) (RECJA). Reciprocal Enforcement of Foreign Judgments Act (Cap 265) (REFJA). Choice of Court Agreements Act (Cap 39A) (CCAA) In cases that are not covered by the 3 statutes mentioned above, recourse may still be had to the common law. RECJA The RECJA applies to judgments from: Certain superior courts of the UK, the Commonwealth of Australia and various Australian states including but not limited to Western Australia, South Australia and Victoria, Hong Kong (before 30 June 1997), New Zealand, Sri Lanka, Malaysia, Windward Islands, Pakistan, Brunei, Papua New Guinea, and India (except the states of Jammu and Kashmir).  The RECJA only applies to money judgments of a superior court, default judgments and interlocutory judgments. The RECJA does not apply to any judgment that can be recognised or enforced in Singapore under the CCAA.  Registration must be set aside under specified grounds, including when any of the following are applicable:  The foreign court acted without jurisdiction. The judgment debtor did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court, or was not duly served with the process of the court and did not appear. The judgment was obtained by fraud. The Singapore court would not have entertained the claim for public policy reasons.  Process: An ex parte application is made to the High Court to register the judgment. After registration, the judgments can be enforced as judgments of the Singapore High Court. The application to register a judgment must be commenced within 6 years of the date of the foreign judgment. Important Note: Although a law repealing RECJA has been passed, it has yet to come into force. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now REFJA The REFJA applies to judgments from the Hong Kong SAR High Court and Court of Final Appeal. The REFJA is based on the principle of reciprocity between Singapore and foreign jurisdictions. REFJA recognises and enforces the following foreign judgments: money judgments; non-money judgments, if having regard to the circumstances of the case and the nature of relief contained in the judgment, the Singapore court is satisfied that the enforcement of the judgment would be just and convenient; Default judgments; and Interlocutory judgments. REFJA does not recognise the following foreign judgments as judgments: Judgments given by a recognised court on appeal from a court that is not a recognised court. Judgments or other instruments regarded for the purposes of its enforcement as a judgment of that court but which was given or made in a foreign country. Judgments given by that court in proceedings founded on a judgment of a court in another foreign country and having as their object the enforcement of the second-mentioned judgment. REFJA does not allow the following judgments to be registered: A judgment which has been wholly satisfied. A judgment which has been discharged. A judgment which could not be enforced by execution in the country of the original court. If it appears to the court that a money judgment is actually an award of exemplary or punitive damages, the judgment can only be registered for the compensatory portion of the money judgment.  Registration must be set aside under specified grounds, including when any of the following are applicable:  The foreign court acted without jurisdiction. The judgment debtor did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court, or was not duly served with the process of the court and did not appear. The judgment was obtained by fraud. The Singapore court would not have entertained the claim for public policy reasons.  Process: An ex parte application is made to the High Court to register the judgment. After registration, the judgments can be enforced as judgments of the Singapore High Court. Unless stipulated otherwise by the Singapore court, the judgment creditor must apply to have the judgment registered in Singapore within 12 months after the date of the judgment. Important Note: REFJA was amended to combine RECJA and REFJA into a single Act. The 2019 REFJA is intended to eventually be the main statute which governs the recognition of foreign judgments in Singapore.  Some amendments have not come into effect yet. CCAA The CCAA applies to judgments: from a court of a state that is party to the Hague Choice of Court Convention; and that have been given in international cases where there is an exclusive choice of court agreement concluded in a civil or commercial matter.  However, recognition and/or enforcement must be refused if:  The defendant was not notified of the originating process in time to enable them to defend the proceedings. The judgment was obtained by fraud in connection with a matter of procedure. Recognition or enforcement would be manifestly incompatible with the public policy of Singapore. Important Note: RECJA and REFJA do not apply to judgments which may be recognised under CCAA. Common law Foreign money judgments that do not fall under RECJA, REFJA or CCAA may be enforced in the common law by commencing an action for a judgment debt. However, the Singapore courts will not enforce the foreign judgment if: It was procured by fraud. It would be contrary to Singapore public policy. It would amount to the direct or indirect enforcement of foreign penal, revenue or other public laws. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 12, 2021
• Bankruptcy, Corporate Law, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, TenancyWhat is Discovery (Lawsuits)?The litigation process in Singapore involves various stages. Prior to the day of the trial, and after parties had filed their respective cases, the Singapore court will hold Pre-Trial Conferences (“PTC”) wherein the Registrar of the Singapore court will give directions to parties on the next step to be taken before the day of the trial. One of the necessary steps to be taken before trial is the process of “Discovery”, wherein each party is required to prepare, list down, file and exchange the “evidences” that each party is intending to rely on in the trial. What is the purpose of Discovery? The main purpose of the Discovery is for both parties to exchange ALL evidence related to the trial, including evidence that could: Adversely affect a party’s own case; Adversely affect another party’s case; or Support another party’s case. The intention of the Discovery is to allow both parties to present all their evidence and to exchange the evidence before the trial. This will allow parties to be aware of the evidence that may be presented at trial and to allow parties to understand their case better. Parties may also make an application to the Court to request for “discovery” of further evidence from the other parties that are involved in the legal action. What are the advantages of the process of Discovery? The process of Discovery prevents a “trial by ambush”, where one party may not learn of the evidence or the other party’s cases before the trial. The process of Discovery allows the parties to better understand the extent and the strength of their cases prior to trial. This may persuade the parties to attempt for an amicable settlement of the matter or to seek further evidence to support their contention in trial. A discovery process may also potentially save the time and cost for the parties involved in the trial as the parties will be “locked” to their evidence rather than potential “surprises” during the trial. What happens during Discovery? For a matter under the Magistrate Court, parties are required to file their evidence in a List of Documents when the Statement of Claim or Defence (whichever applicable) is filed to the Court. This will allow an upfront disclosure of their evidence and allow each party to facilitate an early assessment of their case before considering moving forward with their available options. For all other civil suits aside from the Magistrate Court, the Court may give directions during the Pre-Trial Conference as to when parties ought to prepare their List of Documents enumerating the evidence that they are intending to present at trial. Once the List of Documents has been exchanged, parties are at liberty to request to examine the evidence or to request for a copy of the evidence that was listed in the List of Documents. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What if the other party hide Documents during the Discovery? There are occasions wherein parties intentionally or unintentionally failed to provide evidence that may be relevant to the trial. In such circumstances, any party to the proceeding may consider making an application to the Court to request for the specific evidence to be presented to the Court. The Court may then direct the party to provide for the evidence, if it is within their possession, or otherwise, an explanation as to the whereabouts of the evidence. While the party may be at liberty to make the application in Court, it may be prudent and cost-saving to attempt to request for the evidence first from the opposing party before commencing the Summons application. What happens after Discovery? After the Discovery is completed and the matter had yet to be settled, the Registrar hearing the matter will then arrange for the matter to be moved to trial. A trial date will then be given, and parties will then be directed to prepare their bundle in preparation for trial. While evidence may still be presented at this stage, the Court may be reluctant to accept the evidence. You may wish to seek legal advice and legal assistance if you wish to present any evidence once the discovery stage has been closed. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 11, 2021
• Debt Recovery, Defamation, Dispute Resolution, Law SuitDigital DefamationSome years ago, blogger Roy Ngerng was found by the High Court to be defamatory to Prime Minister Lee Hsien Loong because of his statements about him on his blog. Ngerng had suggested in his blog that PM Lee has misappropriated Central Provident Fund savings and had compared him to City Harvest Church leaders who allegedly misused S$50 million in church funds. He was ordered by the Court to pay PM Lee S$100,000 in general damages and S$50,000 in aggravated damages. What is defamation? Writing or saying something about another person can be declared defamatory by a court if it causes harm to the person’s credibility. Defamation is the harm caused to a person’s reputation that could lead to them being avoided or hated or ridiculed. Under section 499 of the Penal Code, criminal defamation is writing or saying something intending to harm someone. It comprises libel, for written words, and slander, for spoken words. However, it is not considered defamation under the following circumstances: If you are stating an honest opinion on how a person is conducting public functions. If it is about a person’s character regarding how they are conducting public functions. The penalty for defamation is imprisonment for up to 2 years or a fine. What is your course of action if you have been defamed online? If you believe that you have been defamed online, you can make a report with the police. You can subsequently start a civil lawsuit for defamation or make an application under the Protection from Harassment Act. It is also possible to try and solve the issue out of court through mediation or settlement. In order to determine the best course of action, we would recommend speaking to one of our experienced lawyers for advice. When can you sue for defamation? You can sue for libel over online defamatory material under the following conditions: The statement or material posted online must be considered defamatory, i.e., if it lowers you in the eyes of right-thinking individuals of society, causes you to be avoided or exposes you to negative behaviour against you. The material in question must clearly refer to you. The material must be communicated to a third party in some way, for instance, if it is published and read or seen by anyone. Usually, the larger the audience that has viewed the material, the greater the damage done. What are the remedies for defamation? The following damages or remedies can be received from a defamation suit: Monetary damages can be awarded, which are quantified by taking into consideration the gravity of the defamatory statement, the impact of the statement and the degree of publication (size of the audience). Prohibitory or interlocutory injunctions can be made. Prohibitory injunctions stop any future publishing of the defamatory material and interlocutory injunctions compel the accused to retract the statement made. If a false statement is published about you, you can apply for a protection order to the District Court under section 15 of the Protection from Harassment Act. This would ban the statement from future publication. Can you sue the network service provider? No, you cannot sue the network service provider for defamatory material against you online. They are protected under section 26 of the Electronics Transaction Act from liability for the creation, publication and circulation of defamatory content on their platform. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What are some defences to defamation? The following are some ways in which a defamation charge can be defended in some cases: The defence of justification: the accused must be able to substantiate the statement with facts. The defence of fair comment: the accused must prove that he or she was expressing an opinion, based on facts, the opinion of a relatively unbiased person and related to a public interest matter. Alternatively, the accused can absolve himself or herself from liability through an Offer of Amends. This would require proof that the defamatory material was created innocently along with a public apology and informing the audience of the content that the publication was defamatory. Can you take another course of action if the accused’s material is considered not defamatory? In some cases, the content published about you may not be considered defamatory, but can still be harmful to you. In some cases, you may still be able to sue the perpetrator under the tort of malicious falsehood if the content claims something that is not necessarily defamatory but is still false and could have negative repercussions. How We Can Help You At Lions Chambers LLC, we understand that both being accused of defamation and having defamatory comments made about you can be extremely damaging for you. We have experienced lawyers who are well versed in Singapore Defamation proceedings. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now [...]

  August 10, 2021
• Bankruptcy, Debt Recovery, Dispute Resolution, Law SuitBankruptcy: What will the Official Assignee Seize From You?Typically, when one is declared bankrupt, one’s assets will be sold and the proceeds shall go into a bankruptcy estate that is managed by the Official Assignee. However, there are certain assets that are excluded and protected from bankruptcy, which shall be addressed further below. What is the role of an Official Assignee? Firstly, an Official Assignee is a public servant and an officer of the Court, who works closely with the officers at the Insolvency Office. Official Assignees are typically appointed by the High Court to be trustees of bankruptcy estates. However, should a petitioning creditor wish to request for a private trustee to administer the bankrupt’s affairs, the Court has the powers to do so. Secondly, the role of an Official Assignee is to act as a receiver of the bankrupt’s estate, whereby a bankruptcy estate shall be managed or overseen by an Official Assignee. The role of an Official Assignee also encompasses consulting with creditors, as far as practicable, as to how the bankrupt’s estate ought to be managed. Further, an Official Assignee’s role encompasses the following:- To investigate and manage the conduct and affairs of the bankrupt; To recover and realise the bankrupt’s assets for distribution to the bankrupt’s creditors; and To assist a bankrupt in relation to discharging from bankruptcy, should the Official Assignee be satisfied that the bankrupt’s conduct has been satisfactory and monthly contributions have been promptly paid. A bankrupt also has to seek prior consent from the Official Assignee if he wishes to commence or continue a court action for damages or compensation for wrongful acts or personal injuries. (It is important to note, however, other than the above-mentioned actions, a bankrupt may not commence or continue a court action.) What can the Official Assignee seize from me? When one is declared bankrupt, an Official Assignee shall be assigned, and he or she shall oversee and manage the bankrupt’s assets, which are subsumed into one’s bankruptcy estate. The bankrupt has to surrender his assets to the Official Assignee, whereby he or she shall then distribute the assets in the form of dividends from the bankruptcy estate, to creditors who have provided proof of debts. This bankruptcy estate includes assets such as gifts received prior to one’s discharge from bankruptcy, and any asset of value that belongs to the bankrupt at the date of or after the Bankruptcy Order has been given. Assets kept overseas, such as property, shall also form part of the bankruptcy estate. In the case of any sale of assets, proceeds after the deduction of secured debts shall also form part of the bankruptcy estate. However, there are some exceptions to assets that can be protected from distribution to creditors. Section 78 of the Bankruptcy Act sets out what shall happen to one’s assets, and that creditors shall take possession of the property that does not fall under protected assets. These protected assets include: HDB flat, only if at least one owner is a Singapore citizen; Any properties held on trust; Monies kept in CPF account; Life insurance policies held on express trust for the spouse or children; Items such as furniture and/or appliances that are necessary for basic domestic needs, such as clothing; Items necessary for use during one’s employment or business, such as cars, books or computers; Any annual bonus or wage supplement that is part of one’s income; Any monthly income after payment of the monthly contribution; and Any property which is excluded under any other written law. One should note that if there is any default on monthly contributions, assets that do not fall under protected assets, may be sold by creditors if those assets were used as security for one’s loans to the creditors. Hence, in short, assets that shall form part of the bankruptcy estate, which creditors can take possession of shall include assets such as investments, stocks, insurance policies, bank accounts, etc. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.  Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now [...]

  August 5, 2021
• Defamation, Dispute Resolution, Law SuitDefences to Defamation in SingaporeThe online arena is harsh and brutal. At any point, anyone may leave a post that goes viral. This is especially alarming for any business, as every business relies on its reputation to bring in clients and customers. Therefore, it is no surprise that business owners take defamatory posts very seriously. Of course, this also extends to claims between individuals as nobody would want to be defamed. This article will explore what are the possible ways to defend yourself against a defamation claim if you are threatened to be sued or are being sued by a company or a person. How to defend myself against a Defamation Claim   Defence of Justification The Defence of Justification is the strongest defence, as an absolute defence. Justification entails proving that whatever the defamatory statement might have been, the statement was true. This is because something that is substantially true cannot be used by the claimant to recover damages suffered. However, it is important to note that the burden of proving the truth of the statement falls on the party being sued, and it is the imputation contained in the statement which has to be proven to be true. Furthermore, in this defence, the intention or belief of the party making the statement is irrelevant as the basis of this defence is the truth. For example, to prove that a shop has provided bad service, you would need evidence such as videos or photographs showing the results of the bad service and perhaps of the service itself to be able to raise justification as a defence. Defence of Fair Comment The most common defence used is that of fair comment. Essentially, this defence operates that the statement was published was only an opinion, and not a defamatory fact. Therefore in this case, it will be for the person defending his or her statement to clearly distinguish between his or her statements which are comments as opposed to statements of facts. If the person defending is unable to do so, then the statements may not attract the defence of fair comment. Additionally, there must also be no malice by the person making the statement, in that that person genuinely believe what he or she has stated. However, relying on this defence will necessarily require an examination of the context and circumstances and depend upon the nature of the defamatory statement. For example, the difference between “The service in this shop is terrible” and “I feel the service in this shop is terrible” is clearly that the latter statement was meant to be a personal opinion on the service of the shop. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Defence of Qualified Privilege Qualified Privilege is a trickier defence to rely on. This is because in essence, this defence can only be relied on when the person defending the statement, has an interest or duty to communicate the information to the recipient(s) who have a corresponding interest or duty to receive the communication of information. Whether the statement is privileged relies on whether there is this reciprocal duty between the communicator of the defamatory article and the recipient. Furthermore, to rely on qualified privilege, the statement must have been made bona fide, and there must be no malice on the part of the communicator of the statement. This also applies even if the person defending the statement may have a genuine or honest belief in the truth of the defamatory statement, his or her dominant intention is to cause damage to the claimant or some other improper motive. For example, you may have visited a ride in an amusement park and seen the ride in a bad condition and rusty. It may be possible that your statement regarding the ride that it is dangerous and not to visit the park be defensible under qualified privilege as the general public would have a legitimate interest in receiving this information. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.  Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now [...]

  August 4, 2021
• Corporate Law, Debt Recovery, Defamation, Dispute Resolution, Law Suit, TenancyWhat To Do If You Are Getting Sued In SingaporeBeing sued is an emotional rollercoaster. There are many reasons as to why someone might have commenced legal proceedings against you. At Lions Chambers LLC, our lawyers understand the emotional turmoil that you are experiencing, and with our wealth of experience, we can assist you. Should I be concerned about being sued? The most important thing to remember if you are being sued is to seek legal advice immediately. Pennywise pound foolish is something that you have to keep in mind when consulting with a lawyer. While Lions Chambers LLC typically does not charge consultation fees for our consultations, you will still need to consider whether saving any other legal fees for consultation elsewhere is worth being liable for much larger sums of money should you fail to defend yourself against the lawsuit. Should I act quickly? It is very important to take note that you should not hesitate when intending to seek professional help as you only have 22 days to respond legally. Can I ignore the Writ of Summons? Though it may be tempting to ignore a Summons, this will not make it go away. Instead, it could result in a default judgement being entered against you. A default judgement will enable the plaintiff to take enforcement action against you if their application is successful. This could lead to your salary and bank account being garnished, your possessions can be taken from your home through a Writ of Seizure and sale and even the possibility of bankruptcy. Once such a judgment is entered, it more difficult and costly to have it reversed. What happens in a Civil Case in Singapore A civil case only begins when the plaintiff files a formal complaint with the Court and serves you a Writ of Summons – a legal document that is used to commence legal proceedings. Legal proceedings do not begin until the Writ of Summons has been served personally on you or your solicitor.  This Writ is usually accompanied by a statement of claim, which states the relevant facts on which the claim is based and explains what kind of ‘reliefs’ the plaintiff is seeking against you.  What should I do if you receive a Writ of Summons? Once you receive a Writ of Summons, you must act quickly to evaluate your options and work out a timeline. At this point, it is recommended that you seek legal advice. Only a qualified lawyer will be able to advise you on your available options, including whether your Defense has merit and whether you can counter-sue the plaintiff. You will have to decide whether you want to try to win the case by going to trial. If you believe you have a good defence or excuse against the plaintiff’s claim, you may contest the claim. To avoid higher legal costs and delays to the proceedings, it is strongly recommended that you file a Memorandum of Appearance by the deadline.  If you fail to submit a Memorandum of appearance by this deadline, you may be unable to defend your case, and a judgement may be given against you by default. Is there a way to avoid trial? It is not necessary for all matters to end up at trial. If you do not wish to go to Court, you have available alternatives. You can Write to the plaintiff and accept their claim against you and pay whatever amount he or she is asking for. If the claim is for a small sum of money, this option may be cheaper than hiring your own lawyer.   You could also attempt to settle with the plaintiff. This option is available at any point in the proceedings. If you and the plaintiff come to an agreement to settle the case, you must inform the Court. The lawsuit will then be discontinued or withdrawn once both parties have come to an agreement. What is a Judgement in default of appearance? If you do nothing (failing to file a Memorandum of Appearance), you are considered to have “defaulted” and must face the consequences. A judgment in default of appearance will then be entered against you. This means that the plaintiff will likely receive whatever relief he or she is claiming in addition to any filing fees or Court costs related to the case. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now I wish to defend my case and have entered a Memorandum of appearance. What now? You now have 14 days to prepare your defence. If you do not file a Defense within this 14-day period, the Court will deem that pleadings have closed and the Plaintiff is at liberty to apply for default judgement against you. It is strongly recommended that you consult with a lawyer in preparing your defence. Preparing a Defense is an important aspect when defending yourself in a lawsuit. While you may prepare the Defense on your own, this document must be drafted in a particular manner which deals with the various elements of the claim that is being made out against you. Failing to particularise or draft the Defense in such a manner will render your Defense worthless. If your Defense is not drafted well, your Defense may be struck out on the ground that it contains no valid defence. The plaintiff could also apply to the Court for a summary judgement. This means that the Court could determine the matter in favour of the plaintiff without a trial, meaning that you would lose the case even though you have filed a defence.  The Plaintiff is Right but I also have a claim against him. What can I do? If you believe that you also have a separate legal claim against the plaintiff, your lawyer can advise you on serving a counterclaim with the defence. You may be able to apply for a summary judgement if the plaintiff has no defence to your counter-claim. What happens before trial? Once the Defense and Reply have been exchanged, both parties prepare for trial. This will involve a pre-trial conference (PTC) between the parties. The plaintiff will apply to the Court for a ‘Summons for directions’ to determine the steps that need to be taken before trial. The Court may also order that the two parties enter into mediation if parties are agreeable to having their dispute resolved through other means.   Preparing for Trial Preparing for trial is highly complex. The focus at this stage is on gathering and exchanging evidence, which often takes the form of affidavits (written statements from witnesses to be used in Court). It is often necessary to submit additional applications for Court orders, such as subpoenas –to ensure that witnesses attend the trial; The discovery of documents – to require one party to give the other specific documents in its possession; Mareva injunctions – to freeze one party’s assets to prevent him or her from hiding money and property; Anton Piller orders – to require one party to allow the other to enter its premises to obtain required evidence before the other party destroys it.  What happens during the trial? A trial is conducted by both parties’ lawyers. The plaintiff’s lawyers will usually commence the proceedings. Each of the plaintiff’s witnesses will then be cross-examined by the Defendant’s lawyers. If necessary, certain witnesses may also be re-examined. After all of the plaintiff’s witnesses have given evidence, the plaintiff’s case is closed. The defendant’s witnesses will then testify and be cross-examined by the Plaintiffs’ lawyers. After both parties have given evidence, lawyers will make closing submissions.  Judgement is either made immediately after the trial or if the matter is particularly complex, the Judge may also adjourn the proceedings to consider the arguments and evidence and instruct the parties on when to return for judgement. In certain personal injury cases, the Judge may decide on the liability of the defendant but may take longer to decide on the amount of damages to be awarded. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If my Defense is unsuccessful, do I have any other options? Once the Court has made its decision on a particular dispute, it will not make another decision on that matter. However, under specific circumstances, it is possible to appeal the Court’s decision only if your case has specific grounds for appeal. It is not possible to simply appeal because you are not happy with the outcome of your case. What happens after the trial? What happens after the trial depends on the Court’s judgement. The Judge may decide that one of the parties must pay some or all of the legal costs incurred by both parties. If your defence is unsuccessful, you will likely be ordered to pay damages to the plaintiff or to settle your debts. If you do not pay the money, there are numerous ways in which the plaintiff can enforce the Court’s judgement. The most common means is by the following: -Examination of a Judgement Debtor -Writ of Seizure & Sale -Garnishee Proceedings – Bankruptcy / Winding Up Proceedings   Examination of a Judgement Debtor (EJD) in Singapore One of these ways is the Examination of a Judgement Debtor. You may be summoned by the Court to provide information on your money and property. This allows the Court to examine your assets so that the Court can decide on the best method of enforcing the debt. The Court also has the power to send you to prison if you do not attend this hearing. Writ of Seizure and Sale & Garnishee Proceedings in Singapore If you are unwilling or unable to pay the money that you owe, the plaintiff may apply to the Court for a Writ of Seizure and Sale, which permits the Court Bailiffs to enter your home and seize your property to be sold at auction to satisfy the debt.  The Sheriff is entitled to enter your home even when you are not at home and can break a door or window to gain entry. Additionally, the plaintiff may access money in your bank account by taking out Garnishee Proceedings. If you are unable to pay after these options have been exercised, it may be necessary to declare yourself as bankruptcy. While you can file for bankruptcy yourself, your creditor is also able to apply for bankruptcy against you.  How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.  Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 3, 2021
• Corporate Law, Dispute Resolution, Law Suit, TenancyHandover Of Premises, What Should You Do?A handover of premises typically happens at the end of the lease period or by mutual agreement with the landlord. Most tenancy agreements include a cursory clause with regard to the handover of premises at the end of the lease but do not explicitly state the conditions in which the landlord expects the premises to be in. Resultingly, this has been a source of litigation over the years. This article will lay out how tenants should protect themselves so as to safeguard themselves and their security deposits when handing over the premises. Check the Clauses in the Tenancy Agreement The key to a smooth handover is good preparation! Tenants should look over their original inventory or schedule of conditions and aim to restore the premises to said state. Tenants are generally not under any obligation to ‘improve’ the property; most handover clauses also provide that the property can be expected to suffer from reasonable wear and tear, which tenants will not need to rectify. Fair Wear & Tear or Repair? Most disputes arise due to the state in which the premises is in. It is therefore advisable that tenants do a deep clean of the home before handing over the property so that they are not hit by a professional cleaning bill of onerous amounts by their landlords later down the road. Any fixtures provided by the landlord should also be returned in good working condition, given that they were handed over to the tenant in a similar state. Tenants should also make minor repairs where possible as they may be later on be billed for a pricey repair job by a fussy landlord. Many tenants and landlords also differ on what constitutes “reasonable wear and tear”, and making fixes wherever possible can go a long way in helping to avoid a situation where your landlord accuses you of not properly taking care of the rental property. Tenants should also make sure to leave the property completely empty of whatever personal belongings that may belong to them. Even if you might think it can come in handy to the next tenant, errant landlords looking to make a quick buck can charge exorbitant disposal fees to a well-meaning tenant. It is therefore important to make sure that any personal belongings have been removed from the premises. Joint Inspection of the Premise It is also advisable for tenants to arrange for a joint inspection with their landlord approximately two weeks before the contractual move-out date. Tenants should ask their landlord to point out any damages they see so that they have a chance to rectify them before the move-out date. This will allow tenants to minimise the chances of any security deposit deductions due to pricey repair costs arranged for by their landlords.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Handing Over the Premise On moving-out day, a good precaution for tenants to take is documenting the state of the premises. Take photographs and videos of the property so that should any damage happen after you move out, your landlord cannot accuse you of inflicting said damage. Tenants should also schedule a walkthrough with their landlords. Inspect the premises with your landlord, referencing the original inventory and schedule of conditions. After which, tenants should always ask for a written and signed confirmation from their landlord to confirm that everything is in order and that the premises were handed over in good condition. After doing the walkthrough, tenants and landlords should agree on deductions, if any, to be made from the security deposit. Deduction from the Security Deposit If there are any discrepancies between you and your landlord during the handover that results in unwarranted deductions from the security deposits, you can ask your landlord to prove his grounds for doing so. Ask the landlord to substantiate his decision. If he refuses to do so, consider sending a letter of demand.   How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.  Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  August 2, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Law Suit, TenancyWhen Can You Evict Your Tenant in Singapore?The relationship between landlords and tenants are typically governed by the written tenancy agreement between them. This agreement will dictate when you can evict your tenant. Normally, other than waiting for the expiry of the term or tenure of the tenancy, you may evict a tenant for significant breaches of the tenancy agreement. Examples of such breaches include: Failure to pay rent or consistently paying rent late; Subletting the premises without your approval or knowledge; Wilfully causing damage to the rented property; and Engaging in illegal activities in the premises. The Normal Eviction Process in Singapore There are usually four steps you need to undertake to evict your tenants in Singapore: Send the tenant a written notice of termination of the tenancy This written notice should: Identify exactly which terms and conditions of the tenancy agreement the tenant has breached; Confirm whether the breach is capable of remedy, and if so, how long the tenant will be given to remedy it; Give notice to the tenant of the number of days before which the tenancy agreement shall be considered terminated; and State that the tenant must vacate the property by the end of the notice period. However, do note that the tenancy agreement must have afforded you the right to re-enter the premises in your specific situation. If you doubt whether the breach/es allows you to terminate the tenancy agreement and whether you are permitted to re-enter the premises, contact us for some quick and ready advice. In many cases, the tenant leaves without much of a fuss and either pays up and/or remedies the breaches/damage he has caused. However, some tenants refuse to comply with your demands. That is when you may have to move on to the next step. Commence litigation and obtain a favourable judgment You will need to commence civil litigation in the Courts and obtain a judgment favourable to you, which in essence orders the tenant to pay you a certain sum of money for rental arrears and/or damages.   Depending on the breach/es in question and how much your claim is for, you may have to file your claim in either the Small Claims Tribunal ($20,000 and below), Magistrate’s Court ($60,000 and below), District Court ($250,000 and below) or the High Court (above $250,000). The lawyers at Lions Chambers LLC can guide you and represent you throughout such litigation proceedings in Court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Apply for a writ of possession After receiving a favourable judgment in your favour compelling the tenant to pay you certain sums of money, the tenant may still refuse to pay. That is when you should consider applying to the Court for a writ of possession. A writ of possession allows you to enlist the service of the Court Sheriff to take possession of the tenant’s belongings to recover the judgment debt owed to you. Do take note that the tenant is still allowed to contest your application or pay up the sums due before the Court grants you the writ of possession. If you successfully obtain a writ of possession, the Court will issue a Notice of Eviction to the tenant, informing him/her of the date and time that he/she is required to vacate the premises. Evict the Tenant On the date and time of eviction, you must be present at your property for the execution of the writ of possession and eviction. The Court Sheriff and/or a Court Bailiff will also attend and will enter the property by force, if necessary. The Court Sheriff and/or the Court Bailiff shall then serve papers on the tenant, list out the items in the premises which shall be seized, and evict the tenant from the property. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.  Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 29, 2021
• Corporate LawSingapore Government SME GrantsIn these uncertain times dominated by the effects of a global pandemic, it may be a wise idea to hunker down and re-invest in your business, spend some money to prepare for opportunities post-Covid-19, or apply for some government grants to give your business some breathing space. This article seeks to introduce you to the grants available for you to do just that. But before we do that, let’s just make it clear what the government means when it says SME. SMEs are companies with at least 30% local (Singaporean or Singapore Permanent Resident) shareholding, and group annual sales turnover not more than S$100 million or group employment size of not more than 200 employees. Productivity Solutions Grant (PSG)  What it’s for: This grant supports your SME’s adoption of long-term high-tech solutions that boost productivity and would be ideal for SMEs which seek digital automation or the improvement of digital processes. These solutions also cover inventory tracking, customer relationship management (CRM) software, data analytics and financial management. Industries covered: This grant covers many industries, like precision engineering, construction, landscaping, retail, food and beverage, and logistics sectors. It also supports the adoption of solutions across. How much is the grant for: Subsidies of up to 80% till 30 September 2021.  Enterprise Development Grant (EDG) What it’s for: This grant assists SMEs to develop their internal competencies in 3 areas: Core Capabilities: Strategic Brand & Marketing Business Strategy Human Capital Service Excellence Financial Management Innovation and Productivity: Product Development Process Redesign Automation Market Access: Pilot Project & Test Bedding Overseas Marketing Presence Mergers & Acquisitions Adoption of Standards How much is the grant for Subsidies of up to 80% to offset the costs of qualifying projects till 31 March 2022.  Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Innovation and Capability Voucher (ICV) What it’s for: These grants are disbursed to assist SMEs with consultancy projects in 4 areas: Productivity Innovation Financial Management Human Resources How much is the grant for: You may apply for up to a maximum of 2 grants of $5,000 each for each of the 4 areas outlined above.   Market Readiness Assistance Grant (MRA) What it’s for: This grant is especially useful for SMEs seeking to expand into or explore overseas markets. It covers 3 areas, which each have their own maximum grant limit: Overseas Market Promotion – maximum of $20,000 Overseas Business Development – maximum of $50,000 Overseas Market Setup – maximum of $30,000 Do take note that the grant will cover 70% of eligible costs per new market till 31 March 2023. Financial Sector Technology and Innovation Scheme What it’s for: The FSTI scheme supports the development of innovative solutions and the implementation of industry-wide technology infrastructure for SMEs in the financial sector.  How much is the grant for: Innovative solutions: up to 50% of funding support (capped at $1 million) Industry-wide Infrastructure Projects: up to 70% of funding support for qualifying solutions Take note that this grant is available till March 2023. FSTI-Proof of Concept (POC) Grant  What it’s for: If your SME is in the early stages of a business venture and investigating fresh or novel approaches to resolving business use-case problems by using technology or business processes, then this grant may be the right one for you. How much is the grant for Grant of up to 70% of qualifying costs (capped at $400,000) for 18 months.  Digital Acceleration Grant What it’s for: This grant is only for local financial institutions and FinTech businesses with under 200 employees. The grant co-funds the adoption of eligible digital solutions in the finance sector.   How much is the grant for 80% of qualifying costs incurred (capped at $120,000) over 1 year. Marine and Process Support Package What it’s for:  This grant is only for the marine and process sectors, which relies heavily on manual work processes and large manpower needs. There are 2 schemes to take advantage of in these economically uncertain times: Marine and Process Safe Restart Package seeks to protect the safety and well-being of employees in this sector, granting: $400 cash support for business-level measures like protective gear and individually-packed meals; and 50% co-funding of worksite safety enhancement measures. Productive Safe Restart Scheme (PSRS) helps with transformation models and technological solutions which will keep them competitive in the long run, granting up to 80% support for qualifying joint or independent transformation projects.  Startup SG Equity What it’s for: This scheme was introduced by the government for it to join venture capital firms in co-funding local tech startups with intellectual property and global market potential. It applies to all technology businesses and sectors, with a primary focus on the following sectors: Advanced Manufacturing and Engineering MedTech Biomedical Science Agri-Food Tech How much is the grant for At least $50,000 for selected businesses. Business Improvement Fund What it’s for: The Singapore Tourism Board uses the Business Improvement Fund (BIF) to encourage technology innovation and adoption, redesign of business models and processes in the tourism sector to improve productivity and competitiveness. It is open to all Singapore-registered businesses/companies embarking on projects with a clear focus on tourism. There are 2 pillars – (i) core capabilities and (ii) innovation and productivity. Projects under Core Capabilities help companies prepare for growth and transformation by strengthening their business foundations. ​Business Strategy Development Financial Management Human Capital Development Service Excellence Strategic Brand and Marketing Development Projects under Innovation & Productivity support companies that explore new areas of growth, or look for ways to enhance efficiency via automation, process redesign and product development. How much is the grant for Funding support varies from project to project. Conclusion In these uncertain and troubling times, it makes sense to join hands with others to help your SME survive and thrive. It makes even more sense when it’s the government that is lending a helping hand. In many cases, these grants open up doors for your business to take advantage of. The government has launched a one-stop site – the Business Grants Portal – where all the information you would need may be accessed. This portal is maintained by the Ministry Of Finance, Ministry Of Trade And Industry and Government Technology Agency. Do check it out at https://www.businessgrants.gov.sg. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 28, 2021
• Corporate Law, Law SuitIRAS’s & ACRA’s Regulation Compliance in SingaporeThe Internal Revenue Authority of Singapore (IRAS) is, in a nutshell, Singapore’s taxman. Although the easy assumption to make is that all your company has to do is pay its taxes, there are several finer points for your company to comply with. The Accounting and Corporate Regulatory Authority (ACRA) also stipulates certain requirements you should be mindful of when running your company. This article seeks to be a quick primer on the topic of tax and accounting compliance for companies in Singapore. We shall discuss the following in turn: Keeping proper and accurate accounting records Preparing financial statements Auditing financial statements Filing Estimate of Chargeable Income (ECI) Filing tax returns Filing GST returns Penalties for non-compliance – IRAS Penalties for non-compliance – ACRA Keeping Proper and Accurate Accounting Records If you don’t count your money, you will not be able to account for it, much less pay IRAS your company’s taxes accurately each year. IRAS mandates that companies must maintain proper records and accounts of all business transactions and retain the source (or original) documents, accounting records, bank statements, etc. These records must be kept for at least 5 years. IRAS has published a handy guide on which records you should keep on their website. We reproduce it here for your ease of reference: Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If your company is involved in only a few financial transactions each month, we are of the opinion that you may opt to perform your bookkeeping monthly or quarterly. However, if your company performs many transactions a month, we strongly recommend that you perform your bookkeeping functions consistently, and even daily if necessary. Accurate bookkeeping makes it easy for you to deduct expenses from income accurately and in the right manner when it’s time to prepare your financial statements and file your tax returns. Preparing Financial Statements Using the Singapore Financial Reporting Standards (SFRS), your company should prepare the following financial statements: Comprehensive Income/Profit-and-Loss Financial Position (Balance Sheet) Cash Flow Equity Changes Your company is under an obligation to prepare and file these financial statements after the end of each financial year. The filing must be done with IRAS as part of your company’s Form C-S and with the Accounting and Corporate Regulatory Authority (ACRA) as part of your company’s annual returns. Auditing Financial Statements Don’t worry, you don’t necessarily need to spend even more money to audit your financial statements. It is only if your company falls within any 2 of the following 3 situations that you must make sure that your financial statements are audited: Total yearly revenue of S$10 million or greater Total assets of S$10 million or greater 50 or more employees The audited financial statements must be filed with ACRA annually. Filing Estimate of Chargeable Income (ECI) Regardless of whether your company made any income or not, you must declare the company’s revenue and the Estimated Chargeable Income (ECI) by filing an ECI form with IRAS. This must be done within 3 months of the end of each financial year. Filing Tax Returns By the 30th November of each year, or the 15th of December of each year if you are filing your returns electronically using e-filing, your company must file its tax returns to IRAS. This comes in Form C or Form C-S. Filing GST Returns As long as your company is GST-registered, you must file GST returns to IRAS every quarter. This applies regardless of whether or not your company engaged in any transactions for any quarter. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 26, 2021
• Criminal Law, Defamation, Dispute Resolution, Law SuitWhat To Do If Someone Utters Racist Remarks At You?Of late, in multi-cultural and multi-religious Singapore, there have been an increasing number of incidents where racist remarks have been uttered at others, causing them to feel distressed and alarmed. Their feelings are hurt, sometimes deeply. When such incidents are publicised, a whole race may be up in arms against such behaviour. It is clear that the government and the majority of Singaporeans are totally against such racist remarks. This article seeks to discuss the various legal aspects of this issue, as follows: Is uttering racist remarks a crime? What should you do if you are the victim of such racist remarks? Can you sue the person who uttered such racist remarks towards you? What can you hope to obtain from a court judgment in your favour? Is Uttering Racist Remarks a Crime?  It may be a crime to utter racist remarks under a few statutory provisions in Singapore. We shall now discuss the various possible provisions and the respective punishments in turn. The Penal Code Judging from recent developments, it is most likely that the person who uttered racist remarks would be prosecuted under the Penal Code. There are 2 provisions to note. Section 298 of the Penal Code concerns (amongst other things) the uttering of words with the deliberate intention to wound the racial feelings of any person. The mandated punishment for this offence is up to 3 years imprisonment or fine or both. It is noteworthy that there need not be any particular victim who must be shown to have had his feelings hurt. A mere deliberate intention to wound the racial feelings of another is sufficient. In ascertaining the intention of the offender, the courts have applied a broad interpretation – as long as the potentially offensive or insulting racist thoughts are publicly expressed, or expressed to another person, the courts will generally find that racial feelings have been hurt. Section 298A of the Penal Code covers (amongst other things) the promotion of disharmony, feelings of enmity, hatred or ill-will between different races in Singapore. Deliberate intention is not necessary here. Simply knowing that the words would be likely to promote enmity between different racial groups would still qualify. This is normally done by the legal fiction of the ‘reasonable person’. As long as it can be proven that any reasonable person would have known that such remarks would promote enmity between the races, the prosecution would have more or less done its job. If one is successfully prosecuted under this section, the punishment is up to 3 years imprisonment or fine or both. It is also entirely possible that the prosecution may opt to charge the offender who utters racial slurs under Section 268 of the Penal Code for public nuisance. Under Section 268, a person who does any act which causes annoyance to the public is guilty of an offence (please take note that the offence also covers other situations) which is punishable under Section 290 – with a fine of up to $2,000. If he knew that the uttered words would cause or would probably cause annoyance to the public, the punishment may be imprisonment of up to 3 months, or a fine of up to $2,000, or both. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Sedition Act The Sedition Act includes within the definition of seditious acts and acts of a seditious tendency any words or acts which promote feelings of ill-will and hostility between different races or classes of the population of Singapore. Section 4(1)(b) of the Act makes any person who utter any seditious words guilty of an offence which is punishable by a fine of up to $5,000, imprisonment of up to 3 years, or both. It is noteworthy that Section 3(3) of the Act makes the intention of any offender caught under this provision irrelevant. So, it is technically possible for one to be prosecuted and punished under the Sedition Act for uttering racist remarks even if one had no intention to promote ill-will or hostility between different races. It is nevertheless prudent to keep in mind that prosecutions under the Sedition Act are few and far between in Singapore. The Protection from Harassment Act Section 3(1)(a) of this Act makes it an offence (amongst other things) for anyone to intentionally cause harassment, alarm or distress to another person. This in punishable with a fine of up to $5,000, or up to 6 months imprisonment, or both. Under Section 4 of this Act, however, there is no requirement for an intention by the offender. It is an offence to use any threatening, abusive or insulting words which are seen, heard or perceived by any victim who is likely to be caused harassment, alarm or distress. This offence is punishable with a fine of up to $5,000. What Should You Do if You’re a Victim?  First off, never escalate the situation by arguing heatedly or scuffling with the offending party. It is best to record evidence if possible, enlist the help passers-by or owners of the establishment or building you are in for corroborating evidence, calmly walk away, and make a police report. The police will conduct their investigations and keep you informed of the outcome. In the right circumstances, the punishment meted out to the offender should suffice for you. Do take note, however, that in the majority of cases, such offenders are only administered with a stern warning. However, you may want to sue the offender even after the police has investigated the matter and the offender has been charged and punished for the offence. You may still sue the offender in the civil courts. This right of yours is already written into the statute if the offender was charged under the Protection from Harassment Act. If the offender was charged and punished under the Penal Code or the Sedition Act, the court has the discretion to award you compensation. However, since only words were uttered, and since the courts have consistently awarded compensation only in deserving cases where significant physical or property damage was sustained, it is unlikely for this to work in your favour. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 23, 2021
• Corporate LawJoint Ventures In SingaporeIn these hyper-connected times where territories and boundaries are increasingly porous and ambiguous, and especially where target markets and complementary businesses to partner with may not be within Singapore, more companies are choosing to do business by partnering up with other businesses. In this article, we discuss the following matters: What is a joint venture? Types of joint ventures Joint venture partnerships Joint venture companies Project joint ventures Matters to consider before embarking on a joint venture What Is A Joint Venture? A joint venture is a commercial agreement between two or more parties to enter into a formal and contractual relationship to form a company or undertake to perform and complete a project. Although it may seem similar to partnerships, parties to a joint venture often opt not to bind one another in their dealings with third parties. Types of Joint Ventures There are three main types of joint ventures, as follows: Joint Venture Partnership Joint Venture Company Project Joint Venture Let’s discuss these in turn. Joint Venture Partnerships This type of joint venture is a simple partnership, where both parties enter into Partnership Agreements, which set out in detail each partner’s obligations and liabilities. Joint Venture Companies This is the most common form of a joint venture. In such joint venture endeavours, shareholders in the joint venture company agree to the way the joint venture company is to be managed, governed and operated. This agreement is normally formalized in a Shareholders’ Agreement, which typically sets out the following important points: Contributions: the respective contributions of each party to the joint venture, with details of capital or assets provided. Rights: the respective rights of each joint venture party, with special attention given to the appointment of representatives from each party to the board of directors of the new joint venture company. Major Issues: the confirmation, usually captured in the Memorandum and Articles of Association as well, of exactly what percentage of majority shareholder consent needs to be obtained for important matters such as limits on annual expenditure, disposal of the joint venture company assets, important matters on which the board of directors’ approval is required, and the business object and purposes of the joint venture company. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Project Joint Ventures Instead of a long-lasting joint partnership or a joint venture company, parties to a joint venture may instead opt to operate the joint venture as a project. In such a scenario, the project may be performed by the parties by way of a partnership that is not formally registered and which terminates upon the completion of the project. This structure also enjoys the advantage of being easily deregistered upon completion of the project. This kind of joint venture structure is normally seen for huge construction projects, where main contractors form up a consortium to undertake (and even bid for) the project. Such project joint ventures are normally formalized in a Project Joint Venture Agreement, which carefully apportions different percentages of liability amongst the parties to the joint venture. It would be prudent to note that even when such percentages are carefully laid out, as long as the entity is actually registered in Singapore, the law would tend to construe them as full partners who share liability jointly and severally. Matters To Consider Before Embarking On A Joint Venture We shall now briefly explore the important considerations to keep in mind and resolve before starting the joint venture officially: Structure: decide on the corporate structure that best suits your goals. It could be a partnership or a separate company altogether. Contributions: How much does each partner/party bring to the table? What is it worth in terms of rights in the joint venture? Representation: How many representatives does each party have on the board of directors or management committee? Shareholding: How many and what type of shares are allotted and issued to each party? New shares, if at all issued, are typically reserved for the original joint venture parties. You may also ask an experienced lawyer for further strategies with which you may prevent share dilution in future. Organization and Management: Decide on the types and respective frequencies for board meetings, the quorum required, the chairman, voting processes and notice periods. Decide on the types and respective frequencies for shareholder meetings, the quorum required, the chairman, voting processes and notice periods. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Administrative Matters: Decide on the location of the registered office, the corporate secretary, the appointment of auditors and the selection of the financial year. Transfer of shares between each other: Set the procedure and pricing mechanisms for such transfers, if at all envisaged and agreed upon. Competition: Make sure that each joint venture party is not directly or indirectly competing with the joint venture business. Dispute Resolution: Where joint venture parties disagree on major issues, especially when they hold equal bargaining positions, mechanisms should be put in place to ensure that deadlocks are broken effectively and quickly without affecting the joint venture business. Where there are defaulting parties, it should be clear from the very outset how such defaulting parties would be taken to task. This very often means that the defaulting parties are compelled to exit the joint venture by selling their shares to the non-defaulting parties at discounted prices. You may also include clauses and stipulations requiring all parties to refer the matter to mediation, arbitration or litigation in the courts. Choice of law: Depending on the nature of business and the laws of the jurisdictions in question, you may find that the laws of another country would be more advantageous to the joint venture. Always approach an experienced lawyer to present viable options and possible repercussions to your business. Decisions: Come up with a list of major decisions that cannot be made except with unanimous or majority consent of all parties to the joint venture. These could include: Amendments to the Joint venture agreement and Memorandum and Articles of Association; Sale or transfer of all or substantial portions of the assets, business or contractual undertakings of the joint venture; Liquidation, re-structuring, dissolution of the joint venture; Distribution of profits by dividends, capitalization of reserves and distribution of surplus funds; Decisions to issue, take up or disburse loans, credit, guarantees, mortgages, Alteration of authorized share capital; Material changes in the nature of the business of the joint venture; Subscription, purchase, acquisition of shares, debentures, mortgages, charges or other security; Commencing legal proceedings, and withdrawing/resolving/settling the same; Admission of new shareholders, new board members, the new member of management committees; and Amendments to voting rights amongst shareholders and board members. Conclusion It is always exciting when you start something new and embark on a joint venture, especially when the same means that you will explore new markets and build something bigger with the assistance of joint venture partners. However, you should always proceed with caution and ensure that your joint venture starts off on the right footing, with all legal issues and procedures in place. This always starts with the advice of an experienced lawyer. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 22, 2021
• Corporate LawWhat is a Trademark?In Singapore, a trademark is defined as a “sign” capable of pictorial representation that is used by a trader to establish a link between himself and specific products and services throughout the course of business. For example, except for Apple Computers, Inc., no one in the computer business is permitted to use the term “Apple” to identify themselves. The Intellectual Property Office of Singapore (IPOS), a statutory body under the Ministry of Law, is the appropriate authority for trademark registration in Singapore. What is Trademark? A trademark is a letter, word, name, signature, number, device, brand, heading, label, form, colour, the feature of packaging, or a combination of these that is used to identify a person’s products or services from those of others in the course of a business or trade. The primary purpose of a trademark is to recognise the trader’s products or services from those of other vendors. A trademark is, therefore, an essential part of any company since it not only represents a trader but it also informs customers that the products or services displaying the mark are from a distinct source, identifiable from all other sources for those goods or services. Brands and the reputations they represent have a significant impact on consumer buying choices. Through trademarks, a company may protect the distinctive features of its brand and prohibit others from exploiting them. That is why it is critical for business leaders to identify trademarks as valuable assets that aid in the growth of their company, as well as to understand the primary laws that apply to the protection of this kind of intellectual property. The terms “trademark,” “copyright,” and “patent” are often used inaccurately. Trademarks, copyrights, and patents are all forms of intangible property that may be purchased and sold, licenced, or used for commercial purposes. They, on the other hand, each protects a distinct set of interests. Copyrights protect original work such as paintings, computer programmes, sculpture, and architecture, while patents protect new inventions, findings, and design elements. Trademarks do not provide any protection for originality or creativity. In reality, a trademark may be obtained without the owner’s creative or inventive contribution. For example, when the public started referring to “Coca Cola” as “Coke,” the new word immediately became a source identifier for the product and, therefore, a trademark. A trademark may be found on a box, a label, a coupon, the product itself, and other places. A trademark is a kind of intellectual property that may be held by a person, a company or any other legal entity. In Singapore, the following trademark kinds are registrable: Trademarks: The most frequent form of registration used. Collective mark: It is used to differentiate the products or services provided by members of an organization or group of traders from those offered by non-members of the association. Certification mark: It is used to differentiate products or services that have been certified by the mark owner from those that have not been certified. The certification may be for a specific feature of the certified products or services, such as an indicator of origin, material, quality, manufacturing method, or service performance. How do you recognize a Trademark? The symbols ® and TM are often used to designate trademarks. The following are the differences between the two symbols: ® denotes a legally registered and protected trademark, while TM denotes an unregistered and unprotected trademark. The ™ symbol only indicates that the owner is using the mark as a trademark, but it does not imply that the mark is registered or protected under trademark rules. Although you are not required to use any of the symbols, there are two significant benefits to doing so. For example, the symbols signal to the rest of the world that you are claiming the symbols as trademarks, which will prevent o Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Why register a Trademark? Although it is not necessary to register a trademark in order to utilize it, it adds significant value to a company. When others attempt to portray their own products and services like yours by developing a brand that is similar to or identical to yours, a company’s goodwill and image may be damaged. A registered trademark gives its owner the legal right to use and exploit the mark in the country in which it was registered, as well as specific priority and benefits in registering the mark in other countries. The following are some of the most critical advantages of trademark registration: Once a trademark is registered, the owner has the right to prohibit others from using a similar or identical mark without his consent. Creates a correct impression of the product’s genuine ownership and quality among the general audience. Because the owner of a registered trademark may sue and recover damages from organizations that infringe on the trademark, it prevents others from copying and using it. A trademark registration reduces the chances of someone else alleging that your trademark infringes on theirs. The right to use the TM mark is granted to the owner. It serves as a warning to anybody considering filing a substantially similar trademark in Singapore since the Singapore trademark office will not register any confusingly similar marks. Additionally, when companies consider adopting a mark that is similar to yours, your mark will show on the local Trade Marks Register. Third parties may licence the content for commercial use, generating money. The Singapore Government offers up to 400 per cent tax refunds under the Productivity and Innovation Credit Scheme to help you cover the expenses of registering your Trade Mark. The owner may sell it entirely for a set price (for example, in a business purchase); the mark may be used to generate capital for the owner’s ventures. How long is the Trademark valid? Trademark registration is valid for ten years from the date of application. It may be renewed indefinitely for a period of ten years by paying the renewal cost.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Intellectual property (trademarks and other kinds) In Singapore, trademarks are only one kind of intellectual property that may be registered. The Intellectual Property Office of Singapore (IPOS) also keeps track of the following types of intellectual property: Patent — It protects the owner’s right to innovation, such as how an item operates; Design — Safeguards an object’s appearance; Plant variety — Safeguards the breeder’s exclusive right to commercialize the new plant variety; Geographical indicator – A mark that identifies a product as coming from a specific place. What are the most common reasons for rejection? The following are some of the most common grounds for trademark registration rejection in Singapore: A trademark that is highly similar to the one that is being filed for already exists. The trademark is unable to differentiate the goods/services (for which registration is requested) from those provided by other traders.  In Singapore, how long does it take to register a trademark? The registration procedure may take anywhere from eight to twelve months to complete. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion Having a trademark can protect your business and its identity. It prevents others from using associated images of your business and the goodwill that you have built for their own purpose.  How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 21, 2021
• Corporate Law, Dispute Resolution, Law SuitDo You Need a Shareholders Agreement?What is a Shareholder Agreement? Shareholders are viewed as the real owners of a company. The Shareholder’s Agreement is a contract between the company and its shareholders that lays out their rights and responsibilities. Shareholder agreements often include a wide range of subjects, including the company’s business goals, dividend policy, capital structure, and board of director’s structure. It also specifies the different parties’ rights, duties, and obligations, including those of the company’s shareholders, directors, and investors. Is the Shareholder Agreement Mandatory? A shareholder agreement, unlike a company constitution, is not a legally binding document that must be submitted as part of the formation procedure. Therefore, the signing of a shareholder agreement is optional for shareholders. As a result, shareholders should only participate if they want to. Nevertheless, a shareholder agreement is still strongly recommended for incorporated businesses with more than one shareholder. An incorporated company in Singapore is not likely to operate without a shareholder agreement. Thus, it is essential to have a shareholder agreement. Why is it necessary to have a Shareholder Agreement? The Agreement assists shareholders in making informed choices. It ensures that everyone is on the same wavelength regarding important issues like dividend policy, voting rights, signatories, extra share issuance, new shareholder entry, and shareholder departure. More significantly, unlike the constitution, which is open to the public, the Agreement may layout more detailed and essential regulations governing the business and the relationship between the shareholders. Since it is a private document, it can protect the parties’ secrecy. The more benefits are as follows: Helps shareholders to make an accurate choice to invest: There are likely to be some disorders between what each shareholder wants in the firm when there are many owners – on topics like who would control the management, how shareholders leave the company or the company’s dividend policy. This guarantees that all shareholders are on the same side and clearly understand what they are buying in. Helps in minimising the disputes: A shareholder agreement is signed in order to settle any disagreements between the shareholders and the company. These include problems such as share transfer, shareholder departure, and the price of shares at which these transactions occur. A comprehensive shareholder agreement will clearly lay out these rules and processes so that all shareholders are on the same level. Of course, we can’t be positive that nothing will ever go wrong. In cases when nothing is certain, such agreements aid us in resolving conflicts and maintaining a healthy relationship between shareholders and the business. Helps in Protecting Shareholder’s rights: The Agreement also protects the interests of the shareholders, particularly minority owners, who may be confident in their rights in the business. This is due to the fact that, unlike the company constitution, which may be amended by majority vote, a shareholder agreement can only be changed with the permission of all parties to the Agreement. Minority shareholders may therefore be able to oppose changes to a shareholder agreement if the changes are affecting their rights. Therefore, as no two shareholders are alike, it is essential to have a shareholder’s Agreement. An agreement must be written with the understanding that each individual is unique and has different viewpoints on the issues at hand. And they may or might not agree with one another. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Terms Should Be Included in a Shareholder Agreement? The contents of shareholder agreements are determined by the requirements of the parties. Some people like a straightforward and uncomplicated agreement, while others want to go into great detail and lay out every duty in the company’s operations. While shareholders usually have the ability to dictate the terms of the Agreement, the degree of that flexibility is determined by the individual shareholders’ negotiating strength. As a result, not all shareholders may dictate the terms of the Agreement. Each Shareholders’ Agreement is tailored to a certain company and must contain provisions that address the company’s and its shareholders’ specific situations and circumstances. Generally, Agreement contains the following terms: Business of the Company; Shareholding of the company; Restriction on transfer of shares; Management of the Company; Return of investment; Valuation method; Share capital and rights. What are the advantages of having Shareholder Agreements? Unlike the company constitution, a shareholder agreement is not available to public scrutiny. A shareholder agreement may lay forth guidelines for issues that aren’t addressed by the corporation’s charter. By providing stronger investor protection and individual investor rights, a shareholder agreement may be utilised to attract investors. By defining secrecy and non-competitive requirements, a shareholder agreement may be utilised to improve the company’s competitiveness or to maintain a first-mover advantage. Minority rights may be protected through a shareholder agreement. For example, the Agreement may contain a clause requiring the attendance of a minority shareholder at meetings to constitute a majority. This clause may protect them from having their shareholdings diluted. Conclusion A shareholder agreement is a framework that safeguards the company’s interests and protects it from losses. It is important to strike an equilibrium between shareholders and company interests; therefore, every shareholder agreement must include the essential elements and provisions to accommodate every party’s interest. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 19, 2021
• Corporate Law, Dispute Resolution, Law Suit, TenancyCommercial Tenancy Agreements – The Latest Code Of ConductThe Fair Tenancy Pro Tem Committee released a Code of Conduct in March 2021 for all commercial lease agreements. This Code of Conduct shall apply to all commercial lease agreements which were signed off on or after 1 June 2021. The main aim of the Code of Conduct is to provide guidelines to balance out the bargaining powers between landlords and tenants, which have generally always been pro-landlord. Is It Compulsory? Do take note, however, that the Code is voluntary, and laws have not been passed yet to make it compulsory. If It’s Voluntary, Why Is It Important? The Code has been approved by the Pro-Tem Committee. The members of the Committee have pledged to abide by the Code from 1 June 2021. Why is this important? It’s because the Pro-Tem Committee is made up of representatives from a significantly large percentage of commercial landlords and tenants and the organisations which represent them, as follows: Real Estate Developers’ Association of Singapore REIT Association of Singapore Fair Tenancy Framework Industry Committee (FTIC) Singapore Business Federation SME Committee Association of Small & Medium Enterprises Restaurant Association of Singapore Singapore Retailers Association Singapore Tenants United for Fairness Qualifying Criteria Two conditions must be met for the Code to be applicable: The lease agreement must have at least a tenure of one (1) year; and The leased premises must be Qualified Retail Premises specified in the Code. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Guiding Principles We shall now discuss some of the key guidelines and principles in brief. Good Faith Negotiations The Code stipulates that landlords and tenants must negotiate in good faith. This means that: They must act honestly and fairly while considering the legitimate interests of the other party. They must observe accepted or reasonable commercial standards of fair dealing in the performance of obligations that arise out of the lease agreements. When one party (either landlord or Tenant) is ignorant or unaware of some fact, issue, incident or development in respect of the lease, and the other party know that the first party is ignorant or unaware, then the knowing party will not try to profit unfairly, or take advantage of the other party’s ignorance. Failure to Comply with the Code During Lease Negotiations If landlords or tenants do not comply with the Code, affected parties may refer the matter to the FTIC for dispute resolution. If a matter has been referred to the FTIC, the FTIC will monitor the situation and may even “name and shame” repeated offenders of the Code. In case of situations or behaviour not covered by the Code, dispute resolution as per applicable laws will be followed. Checklist for Landlords Landlords must complete the checklist set out in the Code and provide it to the tenants along with the first drafts of lease agreements. This responsibility would fall on tenants if tenants prepared the first draft. Rental Structure The rental formula must be based on a single rental computation throughout the lease term. Rental terms with an “either/or” or “whichever is higher” formula are not allowed unless both Parties agree to such terms. If landlords and tenants agree to such alternative rental structures, they must jointly declare the same to the FTIC within 14 days of the signing of the tenancy agreement. Security Deposits If the premises have a floor area of 5,000 square feet and below, and the lease term is for three years and below, the security deposit that landlords may hold must not exceed three months’ gross rent. If tenants choose not to furnish security deposits fully in cash, landlords must be informed prior to the signing of lease agreements. If they do inform the landlords in time: Landlords are allowed to prescribe the non-cash mode of payment of their preference; and Landlords must accept up to 50% of the security deposit by way of a non-cash mode of payment. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Costs The Code covers three aspects of costs – disclosure of costs, legitimacy and justifiability of costs, and what landlords may rightfully charge tenants. The general rule relating to disclosure is that all costs must be disclosed to tenants before the agreement is signed and/or before they are incurred. The Code also mandates that all fees charged by landlords must be legitimate and justifiable. In terms of what landlords may charge tenants, the Code provides guidelines on the following: The prohibition against profiteering Point-of-Sale systems (“POS”) integration (when POS integration is stipulated in the agreement) The apportionment of legal costs for negotiating and preparing the lease agreement Advertising and Promotion Charge and Service Charge Some landlords increase service charges and/or advertising and promotion charges during the term of the lease. They follow this up by increasing the overall gross rent payable by the Tenant during the lease term. The Code stipulates that if landlords increase service charges and/or advertising and promotion charges during the term of the lease, they are not allowed to increase the overall gross rent payable by the Tenant during the lease term. Floor Area Alterations According to the new Code: Landlords must provide a certificate from a registered surveyor confirming the surveyed area of the premises prior to a handover for new leases. Landlords must perform a fresh and new survey when premises have been re-configured after redevelopment or asset enhancement initiative (AEI) work. If the surveyed area differs from the floor area specified in the lease, the Code allows for amendment of the rent and security deposit. Building Maintenance The new Code makes landlords responsible for loss or damage suffered by tenants if the loss or damage was due to gross negligence or wilful default by landlords who failed to maintain the building where the premises are located. Exclusivity Clauses Exclusivity clauses are not allowed in the lease agreements unless both landlords and tenants agree. Exclusivity clauses are clauses introduced in commercial tenancy agreements which typically prohibit tenants from opening a branch or franchise nearby or prohibit landlords from renting out the premises to the tenants’ competitors. If landlords and tenants choose to include exclusivity clauses, they must jointly declare the same to the FTIC within 14 days of the signing of the tenancy agreement. Material Adverse Change The Code encourages (but does not make it mandatory) landlords and tenants to re-negotiate lease agreements if tenants are prevented, obstructed or hindered from performing their typical business activities at the leased premises due to events beyond their control. Personal Liability of Tenants’ Personnel Quite a few lease agreements contain a cover-all guarantee clause stating that tenants’ directors, shareholders, employees or any other persons connected to the tenants are personally liable in cases of default by the tenants. The Code has put a stop to this practice. These clauses are not allowed. Failure to Comply with the Code After Lease is Signed If landlords or tenants do not comply with the Code after lease agreements are signed, the party raising a dispute may approach the Singapore Mediation Centre (SMC) within 14 days of the signing of the lease agreement to resolve the dispute. The SMC will then facilitate discussions between the parties within about two weeks. Both parties are required to attend the SMC’s mediation sessions to resolve the dispute. After the sessions, both parties will have to comply with the resolutions of the SMC. Pre-Termination By Landlords Pre-Termination by Landlords Due to Renovation Work In some cases, landlords pre-terminate leases because of substantial renovations they are planning to undertake during the term of the lease. The right of landlords to do so is sometimes absent from the lease or tenancy agreement, leading to unfairness against tenants and attendant disputes. The Code now mandates that such rights have to be specifically included as a term in tenancy agreements. Further, landlords are allowed to pre-terminate the lease only if: Substantial redevelopment, asset enhancement or reconfiguration works are to be done to the building or the part of the building where the premises are located; and Vacant possession of the premises is required to carry out such redevelopment works. Six months’ prior written notice is given to tenants, unless: the proposed redevelopment is required pursuant to law or requirement of an authority, and the time period given to landlords to comply with makes it exceedingly difficult or impossible for landlords to give the 6-month written notice. Landlords are not allowed to pre-terminate a lease agreement: purely for purposes of changing the Tenant mix without carrying out any redevelopment work, or if vacant possession of the premises is not required.   Pre-Termination By Landlords Due to Tenants’ Failure to Meet Sales Performance Targets Sales performance clauses allow landlords to pre-terminate the lease if specified sales targets are not met by tenants. Sales performance clauses must not be included in a lease unless both Parties agree to include such a clause. If landlords and tenants choose to include Sales Performance clauses, they must jointly declare the same to the FTIC within 14 days of the signing of the tenancy agreement. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Pre-Termination by Tenants Tenants are allowed to pre-terminate lease agreements only if: the business principal of the goods and/or services that the tenants sell or provide becomes insolvent; or the tenants lose distributorship or franchise rights to sell or provide those goods or services (Do take note – such loss of rights must not be due to a breach by the tenants of the distributorship or franchise agreement). The Code also prescribes the notice period and compensation payable by tenants in such situations. How We Can Help You Lions Chambers LLC has developed expertise and experience in tenancy matters. Whether it is commercial or residential tenancies, we are able to advise you on the law, practical measures you can take to secure your rights and can review and draft your lease agreements or tenancy agreements. Do get in touch with us to discuss your needs. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 16, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Law SuitDuties of Private Limited Company Directors in SingaporeThe most common corporate structure used in Singapore is the private limited company. This article seeks to discuss and inform you of the obligations placed upon directors of such companies in law. We shall cover the following topics: Who are Directors? Types of Directors Who Qualifies as a Director? How Directors are Appointed Duties of Directors Main Duties of Directors under the Companies Act – Section 157 Duties of Directors under the Companies Act and the Common Law Let us now discuss the foregoing in turn. Who are Directors? The law treats someone who manages the affairs of a company on behalf of its shareholders as a director, whether they are called a director or not. What is crucial in determining whether any particular individual is a director is the position that the individual holds and the role that the individual plays in managing the company. Section 4 of the Companies Act stipulates that “director” includes any person occupying the position of director of a corporation by whatever name called. Directors include alternate directors, substitute directors, and persons whose directions or instructions are acted upon by the directors or the majority of the directors of the company. Types of Directors There are 2 separate classifications to consider here – the way Singapore companies name official directors, and the directors in law. Singapore companies name their directors by any one or more of the following: Executive directors – an employee of the company who holds a full-time position that may involve the management of the day-to-day operations of the company. Non-executive directors – these directors are typically not employees and do not take part in the daily running and affairs of the company. They are given a seat on the board to offer objectivity, prestige, and general or specialised experience and expertise. Independent Director– these directors are rare and are usually people with no link or relationship with the company at all (even to related and affiliated corporate entities, or the officers of the company). Associate directors – these directors do not normally perform directorial functions but are high-level assistants who may one day be deemed full directors. Managing directors – an executive director of a higher/the highest standing in the company compared to other executive directors. Alternate / Substitute / Nominee Directors – these are temporary directors who stand-in for someone else, whether it’s for another director, or for a major shareholder. As mentioned earlier, the law treats a person as a director (and places obligations upon him or her) whether or not he is formally named a director by the company. These non-formally named directors still have to abide by all the rules and regulations in the Companies Act as well as the obligations placed upon them in the common law. The law has developed to recognise 2 types of directors who are not formally named as directors, as follows: De Facto directors – these are persons who openly act as directors without being formally appointed as one. Like formally appointed directors, de facto directors have to comply with all of the rules and regulations under the Companies Act pertaining to a director and are responsible for the full range of directors’ duties. Shadow directors – these are persons who regularly instruct or direct formally appointed directors on issues that are usually decided by the Board of Directors. Take note that these persons may not openly act as directors like de facto directors, but may only instruct the Board on the company’s affairs. Whatever the classification or title used to describe the directors, it is important to keep in mind that the Companies Act does not differentiate between the types of directors – all of them are subject to the same duties and obligations. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Who Qualifies as a Director? The Companies Act provides that: A director must be a natural person of at least 18 years old and of full legal capacity. A director must not be disqualified from acting as a director of a company. Examples of such disqualification include: being declared an undischarged bankrupt; and being disqualified under statutes including but not limited to: the Companies Act, the Banking Act, the Financial Advisers Act, the Insurance Act, and the Monetary Authority of Singapore Act. How Directors are Appointed Directors can be appointed by: The company’s shareholders (via a shareholders’ meeting or by written resolution); or The other directors (this is usually provided for in the constitution of private limited companies) Details of the appointment, such as details of shares that the new director has acquired or shares that are registered in the new director’s name must be filed with the Accounting and Corporate Regulatory Authority of Singapore (ACRA). The new director must also sign a declaration of consent to act as a director and a statement that he or she is not disqualified from acting as a director. Only when ACRA approves the appointment does a person become a formal director. When do Directors Stop Being Directors? In Singapore private limited companies, directors cease performing their functions as directors when: they resign; they are convicted of certain offences, thereby disqualified in law from being directors of companies, and consequently vacated from the office of a director in the company; they are removed by shareholders in an ordinary resolution (which may apply despite any agreement between the company and the directors) under section 152 of the Companies Act; or when written notice by the appointing shareholder removes him or her from office. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Duties of Directors The duties of directors of private limited companies are mainly found in the Companies Act and in the common law. They are also found in various other statutes in an indirect form. For example, many statutes make directors or officers of a company personally liable for certain offences. The focus of this article is on the duties incumbent upon directors under the Companies Act as well as the common law, some of which overlap. Main Duties of Directors under the Companies Act – Section 157  Section 157(1) of the Companies Act provides that a director shall at all times act honestly and use reasonable diligence in the discharge of the duties of his office. Section 157(2) of the Companies Act places a duty upon directors not to make improper use of his or her position as an officer or agent of the company, or improper use of the information acquired by virtue of his or her position as an officer or agent of the company to gain (directly or indirectly) an advantage for himself or herself or for any other person, or to cause detriment to the company. If found guilty of breaching either section 157(1) or section 157(2) of the Companies Act, a director may be found guilty of an offence and may be fined up to $5,000 or jailed for up to 12 months. The director may also be found liable to the company for any profit made by him or her, or for any damage suffered by the company as a result of the director’s breach of section 157 duties. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Duties of Directors under the Companies Act and the Common Law The key duties of a director are set out in the Act and under common law.  The most important of these are as follows: Duty to act according to the company’s constitution  Directors are under a duty to follow the rules set out in the constitution governing their conduct. They are also obligated to exercise their powers for the purposes for which they were given, not for any other unauthorised, personal or collateral purposes. Duty to act with reasonable care, skill and diligence Directors must act according to the minimum standards of skill and care expected of someone in their position. This objective duty may be supplemented by more subjective standards – the more qualified or experienced a director is (whether it’s in general or specific to certain fields of knowledge and experience), the greater the subjective standard of duty of care, skill and diligence placed upon the director. Duty to act in good faith in the best interests of the company  Directors must act in good faith in a way that would promote the success of the company for the benefit of its members as a whole. They should consider many factors and weigh them against each other, using their business judgment to prioritise between them. Examples of such factors include: The interests of the company’s employees; The interests of the shareholders; The short-, mid-and long-term repercussions of company decisions and operations; The company’s reputation; and The community, society and country; Duty to act honestly and avoid conflicts of interest Directors should never put themselves in a position where there actually is, or could potentially be, a conflict between their personal interests or their duties to another person and the interests of the company. This is a common law duty similar to section 157(2) of the Companies Act. Duty to not accept benefits from third parties, without prior shareholder approval  This duty is related to the duty immediately preceding it. This duty is not breached if acceptance of such benefits cannot reasonably be regarded as giving rise to a conflict of interest.  Duty to declare interests in proposed transactions or arrangements with the company.  This duty is 2-fold. As soon as practicable, directors must disclose the nature and extent of their personal interests in a proposed transaction or arrangement with the company before it is entered into.  Directors must make similar declarations with respect to transactions or arrangements the company has already entered into. Duty of confidentiality Directors must not disclose confidential information of the company to anyone else unless there is prior authorisation from the company. Conclusion While it is always a good thing to be offered a directorship and receive the monetary benefits of the same, it is important to keep in mind that being a director for a private limited company in Singapore comes with relatively serious duties which should be performed diligently. This area of the law is highly detailed and has many strategic elements which an experienced lawyer may apprise you of. If you ever face any problems while performing your duties as a director, or your company needs advice on errant directors, give us a call for some advice. We are pleased to be of service. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 15, 2021
• Dispute Resolution, Employment Law, Law SuitEmployment Contract: What You Need To KnowAn employment contract is, in essence, an agreement of a contract of service between a company and its potential employee. This agreement dictates your relationship with your employer and lays out the duties of responsibilities of both the employer and employee. This agreement can be made in writing or verbally, and the terms of the agreement may also be express or implied. However, to curtail potential disagreements, it is best that an employment contract is made out in writing. A well-drafted employment contract would typically include the following: –                Appointed position –                Expected duties –                Date of employment commencement –                Hours of work –                Salary –                Notice period The Employment Act in Singapore Most employment contracts in Singapore must adhere to the Employment Act. Terms set must meet or exceed the minimum standards stipulated in the said Act. Terms present in the employment agreement that do not meet these standards will be void and illegal. On 1 April 2019, the Employment Act further expanded its reach to cover managers and executives who earn above $4,500 per month. In essence, the Employment Act now covers a fair majority of all employees working under a contract of service in Singapore besides seafarers, domestic workers and statutory board employees or civil servants. The Act provides a comprehensive outlook of who exactly comes under the purview of the Act. In the event, an employment contract in question is covered by the Act, but the employer enters into a contract that does not adhere to provisions in said Act, the employer will be found guilty of a criminal offence which is punishable with a fine of up to $5000, up to six months in prison, or both. Repeat offenders could face fines of up to $10 000, up to 12 months in prison, or both. Furthermore, there are also legal requirements mandatory to every employment contract in Singapore that cannot be contracted out whether or not an employee comes under the scope of the Employment Act – these include mandatory contributions to an employee’s Central Provident Fund (CPF) and maternity leave. It is, therefore, essential for employers to ensure that employment contracts are compliant with the Employment Act and for employees to make certain that safeguards that the Employment Act have put in place are being complied with by employers. When does an employment contract take effect? The Employment contract takes effect once a new employee turns up for work on the agreed starting date. If the potential employee does not begin work on the said date, the Employment Act will not apply as the employer-employee relationship cannot be said to have begun. The employer also will not be able to claim notice pay or any compensation in accordance with the Act, and the only recourse available to the employer will be through a civil claim. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Guide to an employment contract An employee must ensure that the employment contract you are about to sign covers these areas: Responsibilities and title of the job Ensure that the contract clearly states the job title, position and responsibilities that have been delegated to you. The date of commencement of the contract, work hours and workdays must also be clearly stated. Remuneration Salary is usually the most important consideration for employees looking for a new job. Employees should ensure that remuneration discussed or offered in an interview corresponds to what is stipulated in the employment contract. This should also include CPF contributions as well as additional benefits such as annual leave, bonuses, potential health benefits and travel expenses. The employment contract should also clearly set out the circumstances to which salary is paid. The Employment Act sets out that whilst an employee’s salary duration can be determined by the employer. The payment period must not take longer than one month. Annual leave of at least seven days must also be given to those who have worked for 12 months continuously. Job evaluation The probation period in a new job and the expectations that an employer has of an employee should be plainly stated. Terms of termination in terms of job performance or conduct must be clearly stated in an employment contract. Similarly, Sections 9, 10, 11 and 14 in Part II of the Employment Act state the conditions as to which an employer may terminate the employee’s service. Section 10 of Singapore’s Employment Act also state that it is mandatory for employees to give prior notice per the terms stipulated in their contract to the employer of their intention to terminate their contract of service. Expected code of conduct As an employee, it is important that the company’s expected code of conduct is followed. Some employment contracts may include non-competition and non-solicitation clauses or confidentiality clauses or that you sign an accompanying non-disclosure agreement. It is important that employees understand their responsibilities and duties and do their due diligence when signing an employment contract so that they know exactly what is expected of them.   How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now [...]

  July 14, 2021
• Divorce, Family LawHelping the Child: Child Maintenance in SingaporeYou look at your bank statement, and you wished it was a few digits longer. You feel at an all-time low because you cant to give your children the life you wished you had and wished for them. If you find yourself in a situation where you are struggling to support your children after a divorce, this article may be able to offer you some insight. In Singapore, even if you divorce your spouse, you still need to support your child (whether adopted or not). You can’t avoid this responsibility by disowning your child, either. The Singapore Courts are of the view that the child’s needs are paramount, and parents (whether biological or not) have to help their children. The Duty of a Parent in Singapore According to the Women’s Charter, Section 68, children are entitled to financial support from their parents. The law states, “It shall be the duty of a parent to maintain or contribute to the maintenance of his or her children….” The parent is to fulfil his or her duties regardless of whether the child is living with the parent or another person. It is important to note that the parent is also to fulfil his or her duties regardless of whether the child is legitimate or illegitimate. The forms of financial support include clothing, food, education, medical needs and any other accommodations. Additionally, a non-parent may also become responsible for the maintenance of a dependent child if he or she accepts the child into the family. However, the non-parent will no longer have to care and provide for the child if the child’s birth mother or father comes knocking asking to bring the child home with them. At that point, the non-parent may receive get reimbursement in the form of debt by the birth parents for the expenses of the child. Why Do People File for Maintenance in Singapore? A child can file for maintenance if he or she is unable to independently manage him or herself or in the case that his or her parent has neglected or refused to provide reasonable care. Then the Court may order that parent to pay a monthly allowance or a lump sum for the maintenance of the child. Who can apply for Child Maintenance in Singapore? Anyone who is a guardian or has custody of the child A child who is 21 and is still a full-time national serviceman or student Any sibling who is 21 or older Anyone appointed by the Minister Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Courts Criteria regarding Child Maintenance in Singapore The amount of payable maintenance depends on a range of factors. The Court will settle on the amount of maintenance after considering the following factors: Financial needs of the child The income/earning capacity of the providing parent (i.e. the financially stronger parent generally pays more) Any mental or physical disability of the child The standard of living enjoyed by the child before a parent neglected or refused to provide reasonable maintenance for the child (e.g. eating a lot of pricey organic food) The manner in which he was being educated or trained When do I stop paying for Child Maintenance in Singapore? The order for child maintenance will end when the child reaches 21 years old unless the child still needs financial support due to the following reasons: Mental or physical disability Full-time service in the army Full-time instruction at an educational establishment or undergoing job training (applies even if the child is in gainful employment) Other conditions that justify the making/upholding of the order Changing the Order of Child Maintenance in Singapore Once the Court mandates the order, changing it won’t be easy. It can only be modified under certain circumstances. The parent may apply for the maintenance amount to be decreased if there are material changes in his current situation that disable him from paying the same amount of maintenance (e.g. if the paying parent goes to jail or falls ill and is unable to earn enough money to support the child). The Court may take into account any change in the general cost of living which may have occurred between the date of the making of the order sought to be changed and the date of the hearing of the application. The parent who pays child maintenance usually forwards the payment to the parent who has custody and care or control of the child. Furthermore, if the Court finds reasons to further enforce the order, it may order the paying parent to secure it by putting any of his or her property in the trustees. Both parties should keep records of financial expenses to keep each other accountable. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What if I do not pay Child Maintenance in Singapore? If the parent fails to make one or more payments as stated in the order, the Court can do one or all of these things: Order the parent to pay a fine of the amount owed for each violation of the order Sentence the parent to jail for a term of less than a month for each month’s unpaid allowance (The parent still must pay maintenance even if he or she has been prosecuted and punished for the non-compliance of the Court order) Make a Garnishee Order in accordance with the Family Justice Rules made under Section 79. In a Garnishee Order, a bank or third party will be ordered to pay money from the person’s account or funds to pay for the maintenance. Another type of this sort is called an Attachment of Earnings Order, in which the parent’s employer will be ordered to set aside a part of his or her salary to transfer to maintenance Order the parent to set up security against any future default in maintenance payments by means of a banker’s guarantee, which will be valid for a period of less than three years and be for an amount that is not more than three months of maintenance payable under the maintenance order Order the parent to go to financial counselling Order the parent to perform unpaid community service for up to 40 hours under the supervision of a community service officer How we can help you? Child maintenance in Singapore is something that should not be taken lightly. At Lions Chambers LLC, we understand that the needs of the child are very important, and it needs to balance with the needs of the parent at times. Speak To A Lawyer Now Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click wa.link/1fuh5d to WhatsApp us today. [...]

  July 13, 2021
• Bankruptcy, Conveyancing, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Employment Law, Law Suit, Tenancy, WillsContract Law – MisrepresentationLeading up to the signing of any contract, many things are said or written about the transaction or deal in question. The verbal or written statements which induce a party to enter a contract are known as ‘representations’. Some representations become formal terms or conditions of the contract. The representations which do not become terms or conditions are known as ‘mere representations’. A mere representation that turns out to be false becomes a misrepresentation in law. If it is successfully proven in a court of law that misrepresentation has occurred, the party which has been lied to obtains rights against the party which made the misrepresentation.  The law also deems that the contract in question may be voidable. The law of misrepresentation assists parties who relied on a false pre-contractual statement to their detriment to receive their dues in court – otherwise, they will not be able to sue for breach of contract (because the representation was not a formal term of the contract in. the first place). When do Statements Become Terms, and When do they Become Mere Representations? The courts have developed principles over the years to assist them in determining whether a statement is a term or a representation. These include, but are not limited to, the following: Statements written into the contract If a statement was not included in the contract, the statement is more likely to be a mere representation. Requests to verify statements If a party makes a statement and asks the other party to verify or confirm the accuracy or veracity of that statement, then the statement is more likely to be considered a mere representation. Long time elapsed If a long time has elapsed between the time of the making of the statement and the time of entering into a contract, then the statement is more likely to be a mere representation. Knowledge of the parties If the party which made the statement has more knowledge, skill or expertise than the other party, then the statement is more likely to be considered a term of the contract. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Essential Elements of Misrepresentation in Law There are two main elements for a representation to become misrepresentation, as follows: The misrepresentation must be a statement of fact The other party was induced by the statement to enter into the contract. Let’s discuss these in turn The Misrepresentation Must be a Statement of Fact A statement can be considered a misrepresentation only if it pertains to a fact. The following are generally not considered statements of facts in law: a statement of opinion, a statement of future intention, or a statement of law. Do also take note that mere ‘puffs’ are not considered statements of facts. ‘Puffs’ may generally be described as statements made before a contract is formed but which are not to be taken seriously at all. They have no legal effect whatsoever. Examples of puffs are marketing and advertising statements like ‘You’ll read the best articles on this website. The Other Party was Induced by the Statement to Enter into the Contract A party trying to prove misrepresentation must show that they were induced to enter into the contract by the misrepresentation. They must have relied on the misrepresentation to their own eventual detriment. The courts acknowledge that the misrepresentation/s in question need not be the only reason or inducement for the wronged party to enter into the contract. It only needs to be important enough or material enough. Do take note, however, that not all false statements will be considered misrepresentations. In certain circumstances, the false statement will not be deemed a misrepresentation despite its falsity because it cannot be said that there was an inducement at all. For example, the wronged party may have known all along that the statement was false, or the wronged party was not aware at all of the statement in question, or the wronged party simply was not persuaded at all by the statement in question and did not rely on it. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Types of Misrepresentation There are three main types of misrepresentation recognized in law. These are: Innocent Misrepresentation Negligent Misrepresentation Fraudulent Misrepresentation We shall now discuss each type of misrepresentation. Innocent Misrepresentation Innocent misrepresentation refers to the situation where the maker of the false statement did not know of its falsity when making the statement, had no intention to lie and had good reason to believe the statement was, in fact, true.  Nevertheless, the wronged party relied on the false statement to its detriment, and the innocent maker of the statement may still be liable. Negligent Misrepresentation Negligent misrepresentation is governed by the Misrepresentation Act. Section 2(1) of the Act mandates that even if a misrepresentation was not made fraudulently, the maker of the statement is still liable under fraudulent misrepresentation unless the maker of the statement can prove that he or she had reasonable ground to believe that the misrepresentation was actually true and that he or she did actually believe that it was true. If the maker of the statement cannot prove these two things, he is said to have made a negligent misrepresentation. Fraudulent Misrepresentation This refers to the situation where the maker of the statement was deliberately dishonest. The law has consistently upheld that fraudulent misrepresentation occurs when the maker of the statement makes the statement knowingly, without belief in its truth, or in such a way that he or she was recklessly careless whether it was true or false. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Remedies for Misrepresentation Whether it’s a finding of innocent, negligent or fraudulent misrepresentation which has been established in court, the law mandates that the contract may be declared voidable and that the innocent party has the option to rescind the contract ab initio (or cancel the contract from its very inception as if the contract had never been made in the first place). For innocent misrepresentation, the innocent party may not claim damages but has the option of rescinding the contract. The court may order damages to be paid only in lieu of rescission. For negligent misrepresentation, the innocent party may claim damages under section 2(1) of the Misrepresentation Act and ask for the contract to be rescinded ab initio. For fraudulent misrepresentation, the innocent party may claim damages and rescission ab initio in common law. Do take note that there is a possibility that the innocent party may claim for personal restitution of whatever ‘enrichment’ the wrongful party may have received as a result of his or her misrepresentation. Although this remedy is available for all three types of misrepresentation, it is typically not used for cases of fraudulent and negligent misrepresentation because the common law and the Misrepresentation Act already afford the innocent party the right to claim for both damages and rescission. If used at all, such a claim for restitution would be made by the wronged party in an innocent misrepresentation case. Conclusion The law of misrepresentation, when applied to contracts, serves an important function. In many cases, innocent parties are induced by misrepresentations to enter into contracts. Such misrepresentations are not formal terms. Therefore, the innocent parties cannot sue for breach of contract. This is where the law of misrepresentation steps in to afford some recourse to wronged parties. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 12, 2021
• Bankruptcy, Corporate Law, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Employment Law, Law Suit, Tenancy, WillsStarting A Civil Litigation Lawsuit in SingaporeThere are generally 2 types of litigation – civil and criminal. Civil litigation is the type of Court proceeding which take place if the legal dispute relates to a person’s private rights and liabilities, which he seeks to protect and receive relief or compensation for by suing, or filing suit against someone else. Common civil claims include disputes over breaches of contracts, negligence, personal injury, fraud, misrepresentation, intellectual property infringements, etc. So, How Do You Start To Sue Someone In The Courts? This area of the laws in Singapore is governed by the Rules of court, which is the main subsidiary legislation on Singapore’s civil procedure. To commence civil proceedings in Singapore, you need to start with an originating process. There are 2 types of originating processes in Singapore – the Writ of Summons and the Originating Summons. An experienced lawyer should be able to advise you on which originating process to use for your specific needs. The Writ of Summons Writs of Summons are governed by Order 6 of the Rules of Court and must comply with Form 2 of the Rules of Court. Civil actions involving substantial disputes of fact are normally commenced by way of a Writ of Summons. In fact, Writs of Summons are more common than Originating Summonses. A Writ of Summons is a formal document addressed to the defendant requiring him to enter an appearance if he wishes to dispute the plaintiff’s claim. Claims which normally begin with a Writ of Summons include, but are not limited to: These include, but are not limited to: Contractual Claims –  claims for damages resulting from breach of contractual terms and obligations, etc. Tort Claims – claims for damages for property damage caused by accidents and negligence, claims for damages for fraud and defamation, etc.  Personal Injury Claims – claims for damages for personal injury and / or death resulting from road and industrial accidents or negligence, etc. Intellectual Property Claims – claims for damages for infringement of copyright, trademark or patent, etc. Admiralty and Shipping actions. The Writ of Summons must generally the key elements of the claim. This is usually elaborated upon in the Statement of Claim, which is usually filed and served at the same time as the Writ of Summons. The key elements include: Cause of action: this is the basis and reason for the claim. This includes the identities of all relevant parties and the documents, agreements, events and facts which satisfy the legal requirements for claims of the same kind. Remedies/Relief Claimed: these are the types and form of compensation, redress or corrective action which you seek from the Court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Originating Summons Writs of Summons are governed by Order 7 of the Rules of Court and must comply with Forms 4 or 5 of the Rules of Court. A civil suit starts off with an Originating Summons in the following scenarios: where the dispute concerns matters of law in respect of which there is unlikely to be any substantial dispute of facts where the litigants are seeking the Court’s interpretation of a written instrument or statutory provision where it is required under any written law or the Rules of Court that the action must be commenced by way of Originating Summons Compared to Writs of Summons, the Originating Summons procedure is relatively cheaper, faster and simpler. The Originating Summons track does not normally involve pleadings and multiple interlocutory proceedings. The matter is typically determined and resolved based on filed affidavits. Nevertheless, it’s wise to note that as the matter goes on, new and substantial disputes of fact may arise, in which case the action may be converted into a Writ action. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion In our experience, it is best that you consult a professional before commencing a lawsuit. The start of any lawsuit sets the “tone” of the lawsuit and any mistakes made at the start may be costly to remedy later.  How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 9, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, Law Suit, TenancyWrit of PossessionWhen any Singapore Court orders the losing party to pay the winning party money, the winning party is faced with a big problem – the judgment in the winning party’s favour does not mean that the Court will enforce it. Enforcement of the judgment is left to the winning party. This means that if you are faced with a losing party that refuses, fails or is unable to pay according to the court judgment in your favour, you would have to commence enforcement proceedings. In this article, we seek to discuss one of the enforcement procedures available to you – a Writ of Possession. What is a Writ of Possession? When you file a Writ of Possession, it basically means that you (Judgment Creditor) are requesting the courts to seize and sell immovable property belonging to the losing party (Judgment Debtor) to pay the judgment debt. Instead of seizing and selling moveable property of the Judgment Debtor under a Writ of Seizure and Sale, a Writ of Possession enables the court’s Sheriff/Bailiff to take possession of immovable property owned by the Judgment Debtor like land, buildings, apartments and factories in order to recover debts owed to the Judgment Creditor. For example, if the Judgment Debtor, who owns a private apartment, failed to comply with an order of the Court to pay a certain sum of money to the Judgment Creditor, the Judgment Creditor can apply to court for an order to seize the apartment and have it sold to satisfy the debt. Writs of Possession are also commonly used by landlords to recover vacant possession of rental premises when their tenants refuse or fail to pay the rent. The Writ of Possession is most suitable for landlords who have already decided to terminate the lease due to protracted or multiple failures or refusals of the tenants to pay their rent. Factors to Consider Before Commencing a Writ of Possession How much is the outstanding judgment debt Whether other enforcement actions are pending against the Judgment Debtor Whether the Judgment Debtor is a bankrupt (if an individual) or has been wound up (if a business entity) Whether there is any immovable asset belonging to the Judgment Debtor worth seizing (e.g. land, buildings, factories, etc.) A qualified and experienced lawyer would be able to advise you on the above factors, and obtain answers for you so that you may decide whether a Writ of Possession is the right way forward to receive your dues under the Judgment. For you to receive your dues, the Writ of Possession must be executed successfully, and what you seize must be equivalent to or more than the sums claimed as well as costs for the execution of the Writ of Possession. Do consider carefully and enlist the help of a lawyer for you to do your sums. In some cases, Judgment Creditors who take out a Possession do not recover enough to even cover the costs of their lawyers and the costs of executing the Writ of Seizure and Sale. Some may face a tough fight from the Judgment Debtor, who contests the Writ of Possession in court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Process for Writs of Possession Your lawyer would make an application through the Integrated Electronic Litigation System. If your application is successful, the Sheriff’s Office will inform you via an Appointment Letter of the date on which the Writ will be executed. On the appointed date, either you or your representative (or lawyer) must attend at the Bailiffs Section of the State Courts with the following documents: The Appointment Letter The attendance fee payable by way of cheque drawn in favour of “The Sheriff of Singapore” A signed Letter of Authorisation and Indemnity duly signed by you. The Sheriff’s Office will issue a Notice of Eviction to the judgment debtor, informing him of the date and time for eviction to be carried out. The Notice serves to inform the occupant to vacate the land or premises. On the appointed date and time indicated in the Notice of Eviction, the Sheriff and/or Bailiff will enter into the premises and take possession of the property. If required, a locksmith may be in attendance to break into the premises. The Sheriff and/or Bailiff will then take stock of the inventory of the goods and chattels. The occupier or tenant must vacate the premises once the Sheriff takes possession of the property. However, if the judgment creditor and/or his solicitors permit, the Sheriff may give the occupier or the tenant a reasonable time to move out before taking possession of the premises. After the Sheriff has taken possession of the premises, the occupier or the tenant must seek the permission of the judgment creditor and/or his lawyers if they wish to re-enter the premises. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How We Can Help You Obtaining a Writ of Possession is not a simple task, there is a significant number of hurdles to clear before you may obtain it. The matter is complicated further if the Judgement Debtor has a competent lawyer. Such an application can be resisted easily if the application is not done correctly or the relevant details are not presented properly.  Do speak to us if you require assistance. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 8, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, Law Suit, Tenancy, WillsTransferring Contracts in SingaporeIn any contract, the parties to the contract are more or less set in stone. Only the parties which entered into the contract are allowed to make use of the rights and held to the obligations under the contract. What happens when you want to transfer the whole contract or parts of it? In the corporate world, it is quite common for whole contracts to be transferred to other parties who were not originally parties to the contract. This routinely happens, for example, in major corporate settlements, intellectual property matters, mergers and acquisitions and the construction industry. Such contractual transfers play an important role in the commercial world. They allow, amongst other things, a party with insufficient resources to fully complete the contract to transfer contractual obligations to another party, and they allow a party at risk of losing the benefits of the contract (due to an errant or impecunious contractor) to find another party to replace the errant or impecunious contractor so that the contractual benefits are not lost altogether. This article seeks to introduce the ways of transferring rights and obligations under contracts in Singapore. 2 Ways of Transferring Contracts in Singapore A contract is transferred by, you guessed it, yet another contract! There are two ways to transfer contracts in Singapore – Assignment and Novation. Assignment – if what is sought is the transfer of only rights under the contract, you enter into an Assignment of the contract. Novation – if what is sought is the transfer of both rights and obligations under the contracts, you enter into a Novation of the contract. Let’s discuss both in more detail. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Assignments in Singapore  As mentioned before, an assignment transfers only the rights under the contract and not the obligations. The assignment thus does not have the effect of transferring the obligations under the contract. The person or entity which assigned the contract to someone else is still liable to perform all of its obligations under the contract. Some important things to keep in mind when it comes to assignments are: The law treats the original assignor as the proper party to the original contract and not the assignee. If the assignor breaches the contract, the assignee is not to blame. Contracts of a personal nature cannot be assigned. Such contracts were predicated upon the special or highly specific nature or character of one of the parties. Examples of such contracts are employment contracts and motor insurance policies. Check the contract carefully to see if assignments are permitted at all in the first place. Many contracts include clauses expressly prohibiting either or both parties to the contract from assigning the contract to other parties. Some contracts allow for assignments but contain terms that place limits or conditions on assignments. These limits or conditions may pertain to the types (or even exact identity/ies) of assignees permitted, prior written notice to the other party, limits on the number of assignments, types of rights which may be assigned, and even consent (which may not be unreasonably withheld at times) by the other party before assignments are undertaken. In the absence of such clauses prohibiting assignment, contracts can usually be assigned to a third party without the consent of other parties to the contract. The original contract remains in place (only the rights of one party have been transferred). Once the assignment has properly been executed, the assignee now has a right to sue the other party to the contract for the rights it has received under the assignment. However, this can only be done by first joining the assignor as a party to the civil action. In the real world, what sometimes happens is that the assignee does actually take over some or all of the obligations, and the assignee will indemnify the assignor against any breach or failure to perform contractual obligations. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Novations in Singapore As mentioned before, a novation transfers both the rights and obligations under the contract to another party. In effect, what actually happens in a novation is that a new party replaces one of the original parties to the contract. The person or entity which is replaced is fully absolved of all obligations under the contract and no longer can exercise its rights under the contract. Some important things to keep in mind when it comes to novations are: Since all the rights and obligations have been transferred, the earlier contract is effectively extinguished. A new contract takes its place. Check the contract carefully to see if novations are permitted at all in the first place. Many contracts include clauses expressly prohibiting either or both parties to the contract from novating the contract to other parties. Some contracts allow for novations but contain terms that place limits or conditions on novations. These limits or conditions may pertain to the types of novatees permitted, prior written notice to the other party, and even consent by the other party before assignments are undertaken. If there are no such clauses prohibiting or limiting novations, contracts may usually be novated to a third party. Unlike assignments, though, novations generally require the consent of all parties to the original contract and the new third party. Unlike assignments, where the original contract is retained, novations mean that all the rights and obligations are created in a new contract. Novations may also be found by law to have arisen through the parties’ conduct, not just by agreement. Consideration must be provided by the new party in return for the contract novated to it unless the novation is executed by a deed signed by all parties. Once the novation has been properly executed, the original outgoing party to the contract is released from all future liabilities under the contract and may not avail itself of any of the rights it previously held under the contract. Generally, novations do not cancel past rights and obligations under the original contract. Nevertheless, parties may agree to novate these as well. Conclusion Assignments and novations are important mechanisms in the law of contract and offer a convenient way with which to transfer the rights and obligations under contracts. We would strongly advise you to examine all contracts you enter into from now on to see if there are any clauses that govern such novations or assignments. How We Can Help You Transferring of rights & obligations under a contract has to be done correctly. The matter is not as simple as using a template online. Do speak to us if you require assistance. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 7, 2021
• Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Law Suit, Tenancy, WillsSummary Judgement In SingaporeCivil litigation in Singapore, like many other jurisdictions, have developed with some key driving principles and guidelines. Some of these principles include the aim of reducing the time, costs and effort expended of litigants as well as the judicial system. This principle is represented quite aptly by the law and procedures relating to summary judgment in Singapore What is a Summary Judgment? If you sue someone else and that person enters an appearance in court, and filed and serves his Defence (sometimes together with a Counterclaim) to your Statement of Claim, you have an opportunity to instruct your lawyers to use order 14 of the Rules of court to apply for a Summary Judgment, if it is clear that the Defendant has no real defence against your claim. The purpose of Summary Judgments is to enable plaintiffs (or defendants making counterclaims) to obtain judgment without proceeding to trial when there is plainly no defence to the claim (or counterclaim). This procedure may be utilised in all actions other than those against the government (under order 73 rule 5 of the Rules of Court) and for summary proceedings for possession of land (which are governed by separate rules under Order 81 of the Rules of Court). Summary Judgments work to improve the processes of justice, reduce the time, effort and money expended in protracted litigation, protect rightful plaintiffs from having to litigate their matters for days on end in court. If there are no real issues to be determined by the court in further proceeding with the matter after the defence is served, it would be unfair to make the plaintiff wait till trial and full judgment is passed before his claims are accepted by the court. Procedure and Timelines for Summary Judgment Applications An application for summary judgment must be made within 28 days after pleadings (the documents and arguments tendered in court in respect of each party’s legal case before trial proper begins) are closed, unless the court orders otherwise. Pleadings are deemed closed either 14 days after the service of the Reply and/or Defence to Counterclaim, or 14 days after the service of the Defence, if there is no Reply and/or Defence to Counterclaim. The summons and the affidavit(s) in support must be filed at the same time and served on the defendant within 3 days from the date of filing. If the defendant wishes to show cause against the plaintiff’s application, he must file and serve his affidavit on the plaintiff within 14 days after service of the plaintiff’s summons and affidavit. If the Plaintiff wishes to reply to the defendant’s affidavit, he must file and serve his affidavit on the defendant within 14 days after service of the defendant’s affidavit. No further affidavit will be received in evidence without the leave of the court. Where a party files or serves an affidavit beyond the period of time specified, the court may make such order as to costs against that party as it thinks fit. The court sets aside a date for a hearing. During the hearing, the Plaintiff will attempt to show a prima facie case in support of his application for Summary Judgment. If a prima facie case has been made out, the onus is on the defendant to show cause why the Summary Judgment should not be granted. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Plaintiff has to Show a Prima facie Case in Support of the Summary Judgment To establish a prima facie case, the plaintiff must persuade the court that his case is one which can be accepted on the face of documentary evidence and affidavits (i.e. sworn statements) alone, such that the Court can be satisfied that there is no reason for the case to go through the full litigation process. The Defendant Needs to Show Cause Why the Summary Judgment Should Not Be Entered To successfully persuade the Court to decline the plaintiff’s Summary Judgment application, the defendant must show that: There is a fair or reasonable probability that he has a real or genuine defence; There are issues or questions which should be examined and determined at trial; or For some other reason, there ought to be a trial (This has been broadly interpreted by the courts to mean that there must be circumstances that call for further investigation, although merely alleging that time is required to investigate alleged obscurities in the hope of unearthing something will not suffice). The defendant’s affidavit must contain sufficient facts and particulars and should, as far as possible, deal specifically with the plaintiff’s claim and affidavit, clearly and concisely stating what the defence is, and what facts are relied on to support it. In all cases, sufficient facts and particulars must be given to show that there is a triable issue. General denials and bare assertions devoid of substantiation will not suffice. If the Court is satisfied that any one of the above 3 limbs exists, the Court will grant the defendant leave to defend – which may be accompanied with certain conditions to be fulfilled by the defendant. It is important to note that if all the defendant provides is a mere assertion of a given situation which forms the basis of his defence without any substantiation whatsoever, the Court is unlikely to be satisfied that any of the three limbs above have been met. Similarly, if there is documentary evidence, but the defendant’s case is inconsistent with such evidence, then the Court will not give any leave to defend.  The Possible Orders in Summary Judgment Applications if there is No Counterclaim If there is no counterclaim raised by the defendant, the court hearing a Summary Judgment application may: Dismiss the application – the matter will proceed to trial. This may occur when the plaintiff knew he did not have a prima facie case or that the defendant had a serious triable issue to raise to the courts, but he chose to make a Summary Judgment application anyway. Grant the Summary Judgment – the plaintiff will be granted the reliefs he claimed in his Statement of Claim and the matter does not proceed to trial. This occurs when the defendant successfully persuades the court that he has a real genuine defence, that there are issues or questions which ought to be tried, or that there is some other reason why the matter should proceed to trial. Grant the defendant unconditional leave to defend – the matter will proceed to trial. Please keep in mind that  leave to defend will be given unless it is clear that there is no real substantial question to be tried or that there is no dispute as to facts or law which raises a reasonable doubt that the plaintiff is entitled to judgment. Grant the defendant conditional leave to defend – the matter will proceed to trial, provided that certain conditions are satisfied. This may occur when the court is of the opinion that the plaintiff is entitled to Summary Judgment, that the defence is shadowy, or there is little or no substance in the defendant’s case. The Court believes the plaintiff, but cannot completely dismiss the defence with full certainty, (i.e. the defendant may have a plausible defence), in which case it may impose conditions upon the defendant so that the plaintiff’s position is not jeopardised. Order 14 rule 4(1) of the Rules of Court grant the courts wide discretionary powers to impose such conditions, which may relate to the giving of security or time or mode of trial, or otherwise, or any combination thereof. The more usual conditions are to require the defendant to furnish to the courts either a monetary sum representing the whole or part of the claim, and in default, leave to the plaintiff to sign final judgment for such sum. If the defendant is unable to pay the amount of security ordered, the court may make an order for a reduced sum combined with some other financial arrangement Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Possible Orders in Summary Judgment Applications if there is a Counterclaim Where a counterclaim is raised by a defendant, the possible orders are: where the defendant sets up a bona fide counterclaim arising out of the same subject matter as the action and connected with the grounds of defence, he should be allowed unconditional leave to defend; where the defendant has no defence to the claim but a plausible counterclaim of not less than the claim, judgment should be given on the claim with costs, with execution stayed until the trial of the counterclaim; where the counterclaim arises out of a separate and distinct transaction or is wholly foreign to the claim, judgment should be given with costs, without a stay of execution. Conclusion In our experience, many civil proceedings may be summarily adjudged by the courts using an Order 14 Summary Judgment application, thereby saving potential litigants money and saving everyone’s time, money and effort. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 5, 2021
• Corporate Law, Law SuitSetting Up a Private Limited Company in SingaporeSetting up a private limited company in Singapore is the preferred option for many entrepreneurs. As opposed to a sole proprietorship, a partnership or a company limited by guarantee, a private limited company generally has the following advantages: A limited company in Singapore means it is limited by shares. It is considered a separate legal entity from its shareholders. A limited company is recognised as a taxable entity, which means shareholders are not liable for any debts and losses except for the amount of share capital. We shall now discuss the following: Minimum requirements for a private limited company Information and documents you need to prepare before registering your company Registration and Incorporation process Post-Incorporation Matters Minimum Requirements for a Private Limited Company One company secretary One resident director A physical office address in Singapore At least 1-50 shareholders – which may be an individual or a corporate entity. In addition, the company must issue at least one subscriber share to its initial members. A minimum initial paid-up share capital of S$1 What Information and Documents Do You Need to Prepare Before Registering your Company? Proposed company name You must select a unique name that is not already in use. Approval must be obtained from ACRA before your company is even registered. After authorisation is received, the name is reserved for 60 days. Avoid names that are: undesirable, vulgar or obscene, identical to an existing company name, or names, copyrights or trademarks which are similar to established names. Do note that some words, if used in your company name, require approval from other authorities as well. For example, words like education, finance, bank, media, etc. Nature of Business Ask your corporate secretarial services provider for the best description of your business activities. Alternatively, take a look at the Singapore Standard Industrial Classification Code. Financial Year to adopt Local Resident Director Details For all private limited companies in Singapore, at least one individual must be identified as a local resident director. This individual maybe be a citizen, permanent resident, employment pass, or dependant pass holder, subject to certain restrictions Details and documents required: Name, Address, Contact Details, Identification documents, Proof of Residential Address Other Directors’ Details Name, Address, Contact Details, Identification documents, Proof of Residential Address Shareholder Details If the shareholder is an individual: Name, Identification Documents, Proof of residential address If the shareholder is a corporate entity: Business profile which lists the shareholding structure, the authorised representative’s name and Identification Documents Share Structure Number of Shares and the individuals or entities they are allotted to Whether the shares are Ordinary or Preference Shares Total Issued Share Capital Company Secretary Details Name, Address, Identification Documents Please note that if you are the sole shareholder and sole director, you cannot also be the company secretary There must be a company secretary within six months of incorporation. But typically, a company secretary is appointed immediately upon incorporation. Other Forms: Form 44, 45, Memorandum and Articles of Association, Company Constitution (your registered corporate secretarial services provider will assist you in this) Please take note that you may obtain a standard Memorandum and Articles of Association from ACRA. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Registration and Incorporation Process  All private limited companies must be registered with the Accounting & Corporate Regulatory Authority (ACRA), a statutory body under the Ministry of Finance. If you’re Singaporean, self-registration is allowed. Foreigners must get assistance from a local business registration service provider. Registration is normally done online via a formal incorporation request. Once ACRA approves the incorporation of your new private limited company, ACRA will send you an email with the confirmation of incorporation along with the registration number (Unique Entity Number, or UEN). This email is considered a soft copy of the incorporation certificate.  You may also purchase a hard copy from ACRA for a nominal fee. Post-Incorporation Matters Once you’ve registered your company, there are certain important tasks to undertake for you to commence your business activities in Singapore. Other than bookkeeping/accounting, recruitment and setting up a physical office or place of business (if at all required), you should undertake the following: Company Business Profile For you to do business in Singapore, it is best for you to prepare a soft copy of an official company business profile issued by ACRA for a nominal fee. This profile would serve as ‘proof’ of your company’s authenticity in your commercial dealings, for example, even in renting our premises for your office. The profile includes the following details: company name, registered address, incorporation date, registration number, paid-up capital, business activities, and details of shareholders, company secretary, and directors. First Board Resolution This resolution formally appoints the shareholders and directors Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Appointment of Company Secretary You must appoint a Company Secretary within six months of incorporation. This must be an individual who is “ordinarily” resident in Singapore. Please note that if you are the sole shareholder and sole director, you cannot also be the company secretary Appointment of Auditor If you have less than 20 individual shareholders and no corporate shareholders, and your annual turnover is not more than S$5 million, you do not need to appoint an auditor. Otherwise, you must appoint an auditor within three months of incorporation. Issuing Share Certificates A share certificate is proof of a shareholder’s ownership of the company. It shows the distribution of shares among shareholders. Your company secretary should be able to take care of this for you. Shareholders Agreement Although many businesses start off on the basis of trust between business partners and shareholders, it is best to formalise this commercial arrangement by way of a shareholders agreement to prevent disputes in the future and to regulate the conduct and dealings of the shareholders. Company Seal and Company Stamp A registered business in Singapore must have a company seal on its legal documents and share certificates. Your company’s rubber stamp bears its name and registration. Official documents look more credible and professional with the rubber stamp. Opening a Bank Account Since the company is considered a separate legal entity, it must have a separate bank account in its name. Although the procedures may vary from bank to bank, you would generally require: The Board Resolution sanctioning the opening of a bank account and the appointment of official signatories for the account Incorporation certificate Business profile Memorandum and Articles of Association Identification documents and proof of residential address of the signatories GST Registration Good and Services Tax (GST) is an indirect tax levied on goods and services in Singapore. You must register yourself with the Internal Revenue Authority of Singapore (IRAS) if you are expecting your business turnover to exceed S$1 million in the next 12 months (for example, if you’ve signed contracts or agreements with other parties which will bring in revenue of S$1 million over the next 12 months). Nevertheless, you may voluntarily register for GST even if you don’t fulfil the requirements stated above. This has certain advantages for your business, as clients (especially corporate clients) have a better opinion of and regard for GST-registered businesses. Licences and Permits Depending on your business activities, you may need to obtain licences or permits from regulatory authorities in Singapore. Examples of industries where such licences or permits are required are educational institutes, cleaning, financial services, import/export services, travel agencies, and food and beverage/restaurants. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion Starting a business has to be done properly with the end goal in mind. The use of a Private Limited company can help limit your personal liabilities if things go wrong. While the process might seem daunting, having a professional assisting you will make the process smooth and fuss free.    How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  July 1, 2021
• Defamation, Dispute Resolution, Law SuitDefamation CompensationIn today’s digital era, especially with the advent of social media platforms where everyone seems to have an opinion, we see rumours, falsehoods and fake news almost every day. Some of what is shared and published online, in addition to more conventional publications off-line, may constitute defamation in the eyes of the law. This article seeks to be a brief introduction to the laws of defamation in Singapore. What is Defamation? Defamation may be loosely defined as the communication of a false statement about another that unfairly harms his or her reputation. There are 2 types of defamation: Slander is defamation by the spoken word, while Libel is defamation by the written word. Legal Requirements For Defamation To Be Found There are 3 requirements for defamation to be found in the eyes of the law so that you may commence civil proceedings against someone else in the courts: The statement in question must be defamatory in nature. The statement must refer to the person bringing the suit. The statement must be published or conveyed to a third person. Let’s discuss each requirement in turn. The Statement In Question Must Be Defamatory In Nature To determine whether the statement in question was defamatory, the courts generally consider whether the statement can objectively be seen to lower the victim’s reputation in the estimation of right-thinking members of society generally. This may be shown by proving that a reasonable member of society would either shun the victim or expose him to ridicule. There are 2 finer points to keep in mind: The fact that the maker of the statement did not intend to defame the victim is irrelevant. Light-hearted or jocular statements, especially when it is clear that they were meant as jokes, do not qualify as defamatory. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Statement Must Refer To The Person Bringing The Suit This requirement ties the statement to the identity of the victim. This is normally satisfied by the inclusion of the name or the picture of the victim. Do take note, however, that a clear and express reference to the victim’s identity is not required. As long as the identity of the victim is clear in the minds of the general public, this requirement may be met. The Statement Must Be Published Or Conveyed To A Third Person If it’s just a statement made to the victim or a statement read only by the victim, there is no defamation. The statement must be accessible by third persons or the public for defamation to be found. In the best case scenario, there must be evidence that the statement in question has been read by others for a successful defamation suit. What Are The Legal Defences To Defamation?  There are 4 main defences to defamation in Singapore: Offer of Amends Justification Fair Comment Innocent Defamation Let’s discuss these 4 defences in turn. Offer of Amends An Offer of Amends is basically a published correction of the relevant statement coupled with a public apology. Once the victim accepts an Offer of Amends, there is usually no further recourse for the victim. Justification Justification is an established defence to defamation. Justification is used by proving that the gist (or the ‘sting’) of the statement in question is actually true. Since what was said or published is actually true, defamation is not made out in the eyes of the law. It is important to note that what is true or not may not be a binary matter, but one which the courts will even look at carefully to determine how accurate and how true the statement in question was. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Fair Comment Even if the statement cannot be proven to be true under the defence of Justification, a potential defamer may rely on the defence of Fair Comment. The development of Fair Comment as a defence in civil suits for defamation reflects the courts’ (and society’s) recognition of the right of individuals to their own opinions, even if the opinions may be proved to be wrong. However, not every opinion will be allowed under this defence of Fair Comment – there are 2 further requirements: the statement must be based on true facts (that a reasonable person can honestly make in an unbiased manner); and the statement relates to a matter of public interest. Innocent Dissemination The defence of innocent dissemination applies to third parties who distribute defamatory material. For this defence of Innocent Dissemination to succeed, it must be proven to the courts that the maker of the statement in question did not and could not have known that the publication was defamatory. However, it has recently been made clear by the courts in Singapore that this defence does not extend to the sharing or re-posting of a defamatory social media post, because people who re-share such posts are assumed to know of the contents of what is re-posted or re-shared. What Can You Claim If You’ve Been Defamed? In civil defamation suits, there are normally 2 separate types of awards made – injunctions and damages. Injunctions There are two types of injunctions in defamation cases – prohibitory and mandatory injunctions. Prohibitory injunctions prevent the maker of the statement from making any further defamatory statements in the future. Mandatory injunctions are made to compel the statement-maker to make an apology, correct his statement, and/or retract his statement. Damages Other than the usual public apology and public correction of the defamatory statement, the law allows a victim to claim monetary compensation from the maker of the statement. This compensation is called damages in the law. There are 3 types of damages which should be kept in mind: General damages Aggravated damages Exemplary damages Let’s discuss these in turn. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now General Damages General damages are the court’s main and general award of compensation to the victim. The courts usually take the following factors into consideration is determining general damages, which include, but are not limited to: Nature And Gravity Of Defamation The tort of defamation is all about protecting reputations from harm. Where the reputation of the victim is seriously affected by very serious (but false) statements which point to the victim’s lack of integrity, or his commission of purported crimes, the courts will generally award more damages. Compare this to a situation where the statement in question only points to the victim’s purported negligence or carelessness – the award, in this case, has to be lower. Position And Standing Of Parties The bigger the reputation of the victim, the higher the awards will generally be. The courts have consistently awarded higher general damages in cases where the victim is a prominent businessman or government official. This is because unfounded statements on such individuals also impinge upon the reputation of the organisations or businesses which they serve. However, the courts do not only consider the position and standing of the victim – they also consider carefully the position and standing of the alleged perpetrator. The courts have recognised that ordinary citizens writing in their own personal capacity (for example, in their own online blogs) who make defamatory statements, may be asked to pay out lower damages to the victims. Mode And Extent Of Publication Here, the courts consider the medium used to make the statement in question, and the reach of the defamatory material. Thus, a statement made on an online blog would be deemed to be less credible (and therefore less defamatory and less deserving of high general damages) than a newspaper article because of the differences in the medium used. When it comes to reaching, a private letter sent to 3 recipients with the defamatory statements would warrant a lower award of general damages compared to an online petition published and shared far and wide. Conduct Of The Statement-Maker Here, the courts will look at the conduct of the statement maker to decide whether a higher or lower award of general damages is suitable. Where the statement-maker acted out of pure malice, in the full knowledge that what he said was false, or blithely ignored all evidence contrary to the statements in question, the courts would tend towards awarding higher general damages. Also pertinent at this stage would be clear indications to the court that the statement-maker has no regard for the reputation of the victim or the falsity of his claims, for example when the alleged perpetrator refused to apologise to the victim or retract or correct his statements. Aggravated Damages Aggravated damages are awarded if the statement-maker acted in such a manner as to worsen the damage to the reputation of the victim. Circumstances that would attract the court’s award of aggravated damages include: Absence Of Apology Repetition Of Defamatory Remarks Malicious And Reckless Conduct   Exemplary Damages Another possible remedy, but admittedly rare, is exemplary damages. Exemplary damages may be awarded when the perpetrator: had known or suspected that the statement was untrue but failed to ascertain the truth, or had made the statement in expectation of profit (expecting that the potential material gain outweighed the potential liability for defamation). When calculating exemplary damages, the courts also consider the statement-makers ability to pay the damages, his blameworthiness, and the amount of profit gained from making the defamatory statement. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion  In this modern digital age where everyone seems entitled to an opinion and is ready to publish it online via social media, it would be wise to keep in mind that you could easily face allegations of having defamed someone or have your own reputation tarnished by some false statements. We would recommend that you always conduct fact-checks, write (or speak) in clear and unambiguous words, and always refrain from making statements when you are upset or angry. If you have already made the defamatory statement (and it really is defamatory), apologise and correct your mistakes quickly.  If your statement is justified and true, stick by what you said – the law will protect you. To confirm whether your statement was defamatory or not, do consult a lawyer at the earliest possible opportunity.   How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 30, 2021
• Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, Syariah Law, Tenancy, WillsWin Or Lose, Who Pays the Legal Costs?The 2 Main Types of Costs in Civil Proceedings There are 2 kinds of costs involved in any civil proceedings taken out in the Singapore courts. These are: Solicitor-and-Client costs – which refer to the amount each party owes to their respective lawyers for all the work done for the civil suit; and Party-and-Party costs – which refer to the amount which the court orders one party to the litigation to pay to the other party. The Key Principles Governing Party-and-Party Costs in Singapore Party-and-Party costs cover not just legal fees charged by the lawyer for services rendered but also expenses like disbursements such as filing fees, court fees, transport charges, photocopying charges, etc. In Singapore, this kind of costs generally “follow the event”, which means that the losing party generally has to pay the successful party the legal costs incurred by the successful party (there are relatively rare exceptions, which are discussed below). This gives the rightful party in any proceedings some assurance that some of their legal fees will be covered at the end of the litigation process, and thereby empowers the rightful party (whether it’s the plaintiff or the defendant) to pursue or defend their claim. The 3 principles which balance the interests of winning parties, losing parties and potential litigants in future respectively are: With respect to winning parties in civil litigation: the costs of litigation should be shifted to the losing party to bolster access to justice – rightful claimants and defendants are more likely to pursue or defend their rights in court if they know that their legal costs will eventually be paid by the losing party. With respect to losing parties in civil litigation: the law works to compensate the successful party only for costs reasonably incurred, not all costs incurred, because including unreasonable costs would be unjust and unfair. With respect to future potential litigants: the losing party may have to pay 2 sets of costs – the costs due to his own lawyer for services rendered, and the costs he has to pay to the winning party. This would deter risk-averse potential litigants and potential litigants who do not have enough money from beginning civil proceedings without a sound case to present to the courts. The 2 other principles described above for winning and losing parties also apply to potential litigants. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Types of Party-and-Party Cost Orders Made in Singapore Although costs generally follow the event (i.e., losing party pays for the winning party’s;legal costs), it is important to keep in mind that the courts are afforded the discretion to make appropriate costs orders as they see fit. At times, costs may not follow the event, or the court decides that the party-and-party costs ordered should be minimized, or even that the winning party should pay the losing party’s legal costs. This could happen in several circumstances, 2 examples of which are: Even though he wins the case, the winning plaintiff had grossly overstated his claim, or has made improper, unreasonable and totally unfounded allegations; and Even though he wins the case, the winning defendant’s conduct in the proceedings had caused unnecessary and protracted litigation and expense to be incurred. The types of court orders typically made include: Fixed costs – Where one party pays a defined sum (determined by the court according to legislative schedules and according to criteria specific to each civil suit after hearing lawyers arguments on costs) to the other party. Costs in the cause – Where whichever litigant is successful at the end of the trial receives costs, which is another way of saying “costs follow the event”. Plaintiff’s costs or defendant’s costs – To be awarded to the named party only if he succeeds in the proceedings, but the named party does not have to pay the costs of the other party if the other party succeeds in the proceedings. For example, if the court orders defendant’s costs, the plaintiff must pay party-and-party costs to the defendant of the defendant wins the civil suit. If the defendant loses the civil suit, the defendant does not need to pay party-and-party costs to the plaintiff. Costs in any event – Where one party is awarded the costs for interlocutory matters, regardless of whether or not he is eventually successful in the civil suit as a whole. Costs thrown away – Where costs are awarded to a non-blameworthy party to compensate him for effort put in and expenses incurred which turn out to be “wasted” because of the blameworthy party’s conduct. Such waste may manifest itself in not following proper court proceedings or in undertaking unnecessary applications or pleadings before the court. No order made as to costs – Where the court decides that party-and-party costs are not payable and each party should pay for its own respective legal costs. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Is The Amount of Party-and-Party Costs Determined? What usually happens at the end of the civil litigation process is that the judge first decides on who wins the case, then determines party-and-party costs. It may either: Fix the party-and-party costs; or Order the party-and-party costs in an action to be taxed Fixed Costs The court will order fixed costs when it is appropriate to do so. For example, when fixed costs would allow all parties to avoid the protracted delay, possible aggravation and increased expenses which come with taxation proceedings, or where the civil suit in question is a simple and common one for which a range of costs have been pre-determined by the courts in appendix 2 to Order 59 of the Rules of court, the court may order fixed costs instead of ordering costs to be taxed. Do take note that even after costs have been foxed, the party ordered to pay party-and-party costs may still resort to taxation if it thinks the award of fixed costs was too high. Taxed Costs Here, ‘tax’ means the judicial process (taxation) the court undertakes to determine the reasonableness of legal fees. Such taxation is normally conducted by a taxing registrar in a separate taxation hearing. The Standard Basis For Determining Party-and-Party Costs All party-and-party costs are normally taxed on a Standard Basis, which means that the court will allow a reasonable amount for all costs reasonably incurred, and any doubts as to whether costs were reasonably incurred or reasonable in quantum shall be resolved in favour of the paying party. This usually means that the party claiming costs has to show that any particular item was reasonably incurred or reasonable in quantum and therefore allowed.  Can You Expect To Be Paid All Of Your Legal Costs If You Win The Civil Suit? The short answer is generally ‘No’. Although costs normally follow the event, the successful party does not usually fully recover all of his legal costs from the unsuccessful party.  Party-to-party costs fixed or taxed by the Court typically fall between 40-70% of the actual costs of the winning party’s lawyer’s legal fees. At the end of the day, the law expects all litigants to bear some of the costs of litigation as part and parcel of life. It also cannot allow costs that are unreasonably incurred. Do take note that the legal fees due to your own lawyers are payable regardless of whether you are awarded party-to-party costs or whether you are able to successfully recover them from the losing party. In other words, even if you win the case, you will still have to pay your own lawyers the full amount they charge (unless you wish to dispute your own lawyers’ unreasonable fees). How We Can Help You Dealing with Cost issues in legal proceedings is tricky, failing to follow proper procedure or taking out applications that have little merit may cause you to incur costs above your own lawyer’s fees. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 29, 2021
• Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, Syariah Law, Tenancy, WillsWhy Representing Yourself In Court is Not a Good IdeaThe Singapore legal system has in recent years come up with toolkits, information, booklets, and webpages dedicated to supporting self-representation in Court. While it is granted that self-representation is the cheaper option, it may not be such a great idea if you do not achieve your desired results and lose the case in Court. Let’s first see what the Supreme Court of Singapore, in their website (here), has to say on the matter: “While you may wish to avoid spending money to engage a lawyer, you should note that: The Court holds litigants in person to the same standard of preparation as lawyers for the trial of each case.   You will have to comply with all the relevant rules and practise directions in preparing for the trial.   At the trial, you must be able to explain your case clearly to the Court. A strong case can be lost if improperly or inadequately communicated. You must be able to cross-examine witnesses, make reference to any relevant documents, and make submissions to support your case.  If there are questions of law that need to be decided in your case, you may not be able to argue your case with the relevant legal authorities  In reality, not everyone has the ability to conduct a trial in person – even though you may have the legal right to do so.”  Let’s now break down the issues and discuss them one by one. The Paperwork Other than documentary evidence, which you would have to organize and compile for the Court’s ease of reference, you will also be under a duty to create official documents without the Court’s assistance (or with only some online materials and the assistance of court officers who may be busy with other self-representing litigants). Court documents have to be of a certain standard, have to include certain key information, and must comply with court rules. If you choose to represent yourself, you may fall short of the mark. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Deadlines If you are juggling a job, your family commitments and a dispute in the courts at the same time, you may not have enough time to meet all the deadlines involved in criminal and civil litigation. Often, self-representing clients change their minds and engage an experienced lawyer to represent them instead. Public Speaking Whether we like it or not, how well you present yourself and your case in Court is as important as the rights and wrongs of the matter. In Court, you should be comfortable at speaking to the courtroom and answering questions put to you by other parties to the litigation and the judge. Emotions As much as you would like to keep your emotions in check while representing yourself, we are but emotional human beings, and in very difficult cases, it might be difficult for you to keep your cool, especially when the opposing side comes up with theories or versions of events which are patently false to you. Emotions cloud thought and work against a cogent argument. Instead of pointing out deficiencies in the opposing side’s case and evidence, you may resort to emotional arguments and may even resort to the occasional emotional outburst in Court. It might be best to engage a lawyer instead. Reading and Research Often, especially in complex cases, you have to expect to spend hours poring pages upon pages of material. The facts themselves are not enough. The facts have to be seen against the law, which is represented in statutes, laws, procedures, rules and past cases. You may also need to do additional research to shore up your own case on various issues. A trained lawyer may just be the best option for you if you are not prepared for all the reading and research involved. Facing Off Against Legal Professionals In Court If the other side is represented by a lawyer, you may have your work cut out for you. Lawyers are trained professionals who know the decorum expected in Court, the rules of Court by which they are to argue their cases and exactly how to present their cases in Court. While many lawyers are prepared to guide you through the process even if they are opposing you, their primary duty and responsibility is to their client and presenting the best possible cases for their clients. It is always prudent to proceed with care. In our view, unless absolutely necessary to do otherwise, it is always better for you to engage a lawyer to represent you instead. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Possibility Of Self-Incrimination If you decide to represent yourself in Court, you have to be keenly aware that while attempting to defend or represent yourself, you may be saying things or signing off affidavits that contain statements that actually incriminate against you and make your case seem even worse. You may not be fully aware of what is actually required of a successful legal defence or case. For example, you may focus your whole defence on the fact that you acted in a certain manner because you were provoked when the law does not even recognize provocation as a mitigating factor in the first place. The Court may even infer that you over-reacted to such minimal provocation and draw an inference against you. Experienced lawyers, on the other hand, know exactly what the law and the Court is looking for and know exactly what to leave out or include in your case presented to the Court. Rules and Practice Directions All self-representing litigants are expected to know and abide by the rules of Court. The Court will not give you free rein to conduct your case as you please just because you are not represented by a lawyer. Your case can never be that you are unaware of court procedures. Even if you are losing a trial, you conduct yourself because of your ignorance of some of the court rules and procedures; the judge is under a duty to remain impartial and will not waive the rules of Court for your sake. The judge in your case may offer some guidance regarding the court procedures you face but will not advise you what you should say or do to successfully litigate your case in Court. So What Should You Do If You Really Don’t Have The Money? Do Consider whether you qualify for legal aid. Please approach the Ministry of Law’s Legal Aid Bureau for further assistance. If yours is a criminal matter, do consider the Criminal Legal Aid Scheme (CLAS) under the auspices of the Law Society of Singapore, which may provide you with a lawyer, provided that you: meet the means test requirements in respect of your income and disposable assets; and want representation for offences under the following statutes: Arms & Explosives Act Arms Offences Act Computer Misuse Act Corrosive and Explosive Substances & Offensive Weapons Act Dangerous Fireworks Act Enlistment Act Explosive Substances Act Films Act Miscellaneous Offences (Public Order and Nuisance) Act Misuse of Drugs Act Moneylender’s Act (Cap 188) Penal Code Prevention of Corruption Act Sub-sections 65(8) and 140(1)(i) of the Women’s Charter Undesirable Publications Act Vandalism Act Consider the Community Justice Centre’s (CJC’s) HELP Services Centre, which offers various programmes to assist self-represented accused persons. For example: On-site Legal Advice Scheme – free consultation with a volunteer for 20 minutes. Do note that the lawyer is not allowed to represent you in Court. Primary Justice Project (Criminal) – a lawyer can help you make representations at meetings with the prosecution and/or a judge. CJC Guidance for Plea Scheme (GPS) – volunteer lawyers can assist you in determining the viability of your defence. Friends of Litigants-in-Person (FLiP) – This initiative provides self-represented litigants with emotional support and practical guidance on the processes and procedures involved in a criminal proceeding. Take note – this is only open to litigants charged with less severe offences, such as theft and public order offences. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How We Can Help You Nothing beats experience. Trained lawyers have the knowledge, training and experience which you lack. Some of them know the lawyers they face up against, the court clerks and the judges. They have experience interviewing and questioning witnesses, have argued before the Court many times before and have presented opening and closing arguments. They know when to raise objections and the rules of evidence. This list could go on. It is always a better idea to engage an experienced lawyer to present your case in Court in the best possible manner. It is unlikely that you can do so on your own. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 28, 2021
• Debt Recovery, Dispute Resolution, Divorce, Employment Law, Law Suit, TenancyGARNISHEE PROCEEDINGS IN SINGAPOREWhat are Garnishee Proceedings? If you’ve obtained a court judgment in your favour which orders the losing party (Judgment Debtor) to pay you certain sums of money, the Judgment Debtor may refuse or fail to pay you the money, or part of it. One of the courses of action open to you to secure your money is taking out Garnishee Proceedings in the courts. Garnishee Proceedings are a good option for Judgment Creditors of the Judgment Creditor is aware of a third party which owes the Judgment Debtor some money, or if the Judgment creditor knows the Judgment Debtor’s bank account details. Garnishee proceedings are the legal way of getting someone who owes money to the judgment Debtor (the Garnishee) to pay the money to you (the Judgment Creditor) instead of the Judgment debtor. When the Judgment Creditor garnishes a debt, the Garnishee will be ordered to pay over the debt to the Judgment Creditor instead of to the Judgment Debtor.  The Process for Garnishee Proceedings With your lawyer’s help, you would file a summons to apply for a Provisional Garnishee Order. This has to be supported by an affidavit which usually includes: Details and proof of court judgment and amount outstanding Details and proof that the garnishee is within the jurisdiction of the court Details and proof that garnishee owes a debt to the Judgment Debtor (this could be bank account details or even a Loan Agreement) Do note that the burden of proof of showing that there is a debt due to the Judgment Debtor from the Garnishee is placed upon the Judgment Creditor. Once a Provisional Garnishee Order is made, the debt of the Garnishee to the Judgment Debtor is “frozen” in the hands of the garnishee until the final order is made. The court will allow the garnishee to show cause why the garnishee order should not be made final. The order to show cause must be served on the judgment debtor and the garnishee personally at least seven days before the date of the hearing. If the garnishee does not show up at the hearing or does not dispute the debt, the order can be made final. If the garnishee disputes the debt to the judgment debtor, the judge will conduct a hearing and make a final order after hearing arguments from both sides. In some instances, a third-party claims to be entitled to the money. In such cases, the court may order such a party to appear before the court to determine the issue. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If a final order is granted, the garnishee must pay the judgment debt to the creditor. This order against the garnishee may be enforced in the same way as any other court order for the payment of money. The Garnishee may be held in contempt of court if he fails to comply with the Garnishee Order. Do take note that garnishee orders typically cover not only the money owed but the costs of the garnishee proceedings as well. Garnishee Proceedings Against Banks Garnishee proceedings are commonly taken out against banks. Order 49 Rule 1(3) of the Rules of Court allows for a current or deposit account with a bank or other financial institution to be attached to satisfy a judgment debt (do take note that money in an overdraft account may not be garnished). When a person maintains a bank account, the bank is considered a debtor who owes money to that person. Successful garnishee proceedings against a bank changes the obligations of the bank – instead of being duty-bound to pay the bank account holder, the bank is now under an obligation to pay the money to the judgment Creditor. If the bank account in question is a joint account, the court will examine whether all the money in the joint account actually belongs to the Judgment Debtor and not the other joint account holder. Where it can be determined that there is a strong prima facie case that all the money in the account actually belongs to the Judgment Debtor (for example, when all contributions into the account were made by the Judgment Debtor), provided all other requirements are met, you may be able to obtain a Garnishee Order against the bank. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion Garnishee proceedings is a very practical step to take when faced with a Judgment debtor who simply refuses to pay even though they have monies in their bank accounts or if they have a valuable contractual arrangement with another person or entity.  One should only explore this option if they are sure that the debtor has sufficient funds in their bank account or if they are in a contractual relationship with another entity or person that has consistent payments being made. How We Can Help You Garnishee proceedings is a useful way to recover your judgement debt against a stubborn debtor. However, this process is complicated and one needs to know how to navigate the process. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 25, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, Law Suit, TenancyExamination of Judgement Debtor ProceedingsWhat is an Examination of Judgment Debtor Proceedings? After a court judgment is passed on a civil matter wherein the losing party is ordered to pay certain sums of money to the winning party, the law leaves enforcement of the judgment to the winning party. In many cases, the judgment debtor refuses or fails to pay up the sums of money the Court ordered him to pay to the Judgment Creditor. Sometimes, they even come up with excuses, claiming not to have enough money and assets to pay up. In such cases, it would be wise to take out special proceedings in Court called ‘Examination of Judgment Debtor’. These special proceedings allow the Judgment Creditor (the winning party in a lawsuit) to apply by Summons for the Judgment Debtor (the losing party in a lawsuit) to be examined on oath to determine what assets are available to satisfy the judgment debt. If you are unsure whether the Judgment Debtor has any assets, or you would like to find out where and how his assets are held. Examination of Judgment Debtor proceedings would be advisable. Instead of taking out expensive proceedings in Court like a Writ of Seizure and Sale or a Writ of Possession only to realise that the Judgment Debtor has insufficient fund or assets to satisfy the judgment debt, Examination of Judgment Debtor proceedings would allow you to avoid expensive legal proceedings, and to assess with certainty your chances of recovering the judgment debt. The Process for Examination of Judgment Debtor Proceedings The Judgment Creditor would have to make an ex parte application to the Court for leave (permission/authorisation) to examine the Judgment Debtor. If the Court grants leave, the Court will order that the judgment debtor appears before a court registrar and be orally examined in the hearing of the Summons. Before the hearing of the Summons, the Judgment Creditor must serve on the Judgment Debtor the court order requiring the Judgment Debtor to attend Court on a certain date for the hearing. Where the Judgment Debtor is a company, an Order for Examination of Judgment Debtor may be made against the officer(s) of the company.  The court order will also enclose a questionnaire for the Judgment Debtor to complete. The Questionnaire will also state a list of documents that the Judgment Debtor has to provide in support of his answers stated in the Questionnaire. These documents include but are not limited to banks statements, payslips, income tax returns, IR8A forms, CPF statements, Central Depository statements, motor vehicle log cards, vehicle registration details, title deeds, rental agreements, etc. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now After completing the Questionnaire, the Judgment Debtor must serve the completed Questionnaire on the Judgment Creditor’s lawyers before the court hearing. The Judgment Creditor reviews the answers in the Questionnaire and the supporting documents. If the Judgment creditor is satisfied with the answers in the Questionnaire and the supporting documents, the Judgment Creditor will apply for the Examination of Judgment Debtor Order to be discharged. If the Judgment Creditor is not satisfied with the answers in the Questionnaire and the supporting documents, the Judgment Creditor proceeds to examine the Judgment Debtor on oath in the court hearing. The Judgment Debtor may also be ordered to file affidavits or statutory declarations in support of his assertions regarding his assets. If the Judgment Debtor is absent from the court hearing without a valid reason, the Judgment Creditor may apply for committal proceedings to commit the Judgment Debtor to prison. If the Judgment Debtor is present at the court hearing and examination of the Judgment Debtor is completed, the Examination of Judgment Debtor order is discharged. Other Ways of Ascertaining the Assets of the Judgment Debtor There are several publicly available sources of information to tap on to ascertain the Judgment debtor’s assets. For a fee, you could rely on these resources to conduct your own quick assessment. These resources include: The Integrated Land Information Service run by the Singapore Land Authority – for information on the ownership of properties and whether there are any registered caveats against them. OneMotoring – for information on Singapore-registered vehicles. The Ministry of Law’s e-services – for information on the bankruptcy status of individuals and the insolvency status of companies. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Accounting and Corporate Regulatory Authority – for business profiles (a company’s status, its directors, its shareholders, financial status, etc.) and individual profiles (past and present directorships and shareholdings). The Civil Aviation Authority of Singapore – for aircraft ownership details.  The Maritime Port Authority of Singapore – for ship ownership details.  Conclusion Examination of Judgment Debtor proceedings is a very practical step to take when faced with a Judgment debtor who simply refuses to pay. As mentioned earlier, it could save potentially steep legal fees incurred for other enforcement proceedings and would put you on a firmer footing as you seek to recover the full judgment sum. How We Can Help You Examination of Judgement Debtor as a process is an important enforcement proceeding to consider. It can help you make the choice on how to plan out which enforcement proceeding you ought to take next. However, this process is complicated and one needs to know how to navigate the process and what questions to ask the debtor apart from the usual questions. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 24, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, TenancySuing a Foreigner or a Foreign Company?Should You Sue in Singapore or in Another Country? If the person or company you want to sue is foreign, there may be some complications because of an area of law known as the ‘conflict of laws. This area of the law concerns the following main issues: Which is the most appropriate jurisdiction for the suit to be filed and heard in? Where are the parties located at present? Was there a contract, did it specify which laws govern the contract, and did it specify where disputes should be heard? Where did the subject matter of the dispute arise? An experienced lawyer should be able to advise you on whether to sue the foreigner or foreign company in Singapore or overseas. Risks of Suing Overseas The problem with suing a foreigner or foreign company overseas is that you run the following risks: Some countries have a bias towards their own citizens and companies. It is very expensive to sue someone in some countries – this includes legal fees, court fees, exhaustive discovery processes, exchange rate losses, travel expenses, etc. Some countries have legal systems which take a very long time to adjudicate and pass judgment upon disputes. It may be years before you obtain a judgment in your favour. Some countries are rife with political interference, bribery, corruption, nepotism and even judicial corruption. You may not receive justice in any way, shape or form. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Suing in Singapore If you chose to sue in Singapore, the first few questions you should be asking yourself are: Is the foreigner/foreign company in Singapore? Does it have assets in Singapore which may be used to satisfy a possible judgment against them? If the foreigner or foreign entity is not in Singapore, your lawyer should assist you to obtain leave of court to serve any legal documents relating to your claim outside of Singapore. Once leave has been obtained, your lawyer should advise you on what the procedure and costs of effecting service of legal documents in the foreign country. Leave is granted to effect service on foreigners if all 3 of the following requirements are met: The claim must fall within one or more of the appropriate situations under Order 11 Rule 1 of the Rules of Court (there are 18 categories). The legal claim must have sufficient merit – an issue or issues that ought to be tried on the substance of the case. Singapore must be the ‘proper forum’ for the case to be tried in – the courts will consider the interests of both parties and justice in general. Th courts normally examine the following issues: Whether the dispute has the closest connections with Singapore as opposed to overseas Whether justice will be denied if the case was tried overseas Has the foreign party accepted Singapore’s jurisdiction over the contract or claim? If the foreigner’s assets are overseas and you obtain a judgment against them in Singapore, you would have to enforce the Singapore judgment overseas. Your lawyer should advise you, from the moment information is obtained about where the foreigner’s assets are located, about whether the other country recognizes and enforces Singapore judgments. Do take note that even if the foreigner and his assets are in Singapore, and you file suit here, there is still the risk that the foreigner or the foreign company may challenge the legal proceedings by arguing that Singapore is not the natural forum for the matter to be tried in court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Practical Tips Preventing yourself from dealing with foreigners and foreign companies due to all the risks involved is just not feasible in this hyper-connected world. However, there are steps you can take to protect your position: Consider arbitration instead of litigation in the courts. Arbitral awards are more readily recognized and enforced worldwide compared to court judgments (161 countries are contracting states to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards). In many cases, arbitration is cheaper and faster. If possible, negotiate for the contract to stipulate Singapore as the choice of law and Singapore as the seat of arbitration. If arbitration has been ruled out, then insist that the contract stipulates that disputes are to be resolved in Singapore courts. In cases where the foreign company does not have a proper presence in Singapore, a good lawyer will also advise you to include a clause that compels the foreign company to appoint a process agent in Singapore to accept the service of legal documents. Always find out and verify as many details as possible about the foreigner or foreign company, their addresses, business locations, assets, location of assets, associates and associated companies, etc. How We Can Help You Suing a foreigner or a foreign company is a technical legal issue, with a wrong step, you could lose valuable time and money going through proceedings that may not result in any purpose or benefits. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 23, 2021
• Debt Recovery, Dispute Resolution, Law Suit, TenancyWrit of Seizure & Sale in SingaporeWhen any Singapore Court orders the defendant to pay the plaintiff money, the winning party is faced with a big problem – the Judgment in the winning party’s favour does not mean that the Court will enforce it. Enforcement of the Judgment is left to the winning party. This means that if you are faced with a losing party that refuses, fails or is unable to pay according to the court judgment in your favour, you would have to commence enforcement proceedings. In this article, we seek to discuss one of the enforcement procedures available to you – a Writ of Seizure and Sale. What is a Writ of Seizure and Sale? When you file a Writ of Seizure and Sale, it basically means that you (Judgment debtor) are requesting the courts to seize and sell movable property belonging to the losing party (Judgment Debtor) to pay the judgment debt. For example, if the Judgment Debtor, who owns an expensive car, failed to comply with an order of the Court to pay a certain sum of money to the Judgment Creditor, the Judgment Creditor can apply to Court for an order to seize the expensive car and have it sold to satisfy the debt. Factors to Consider Before Commencing a Writ of Seizure and Sale How much is the outstanding judgment debt Whether other enforcement actions are pending against the Judgment Debtor Whether the Judgment Debtor is bankrupt (if an individual) or has been wound up (if a business entity) Whether there is any asset or item belonging to the Judgment Debtor worth seizing Whether the premises where you wish to effect seizure belong to the Judgment Debtor or a third party. A qualified and experienced lawyer would be able to advise you on the above factors and obtain answers for you so that you may decide whether a Writ of Seizure and Sale is the right way forward to receive your dues under the Judgment. For you to receive your dues, the Writ of Seizure and Sale must be executed successfully, and what you seize must be equivalent to, or more than the sums claimed as well as costs for the execution of the Writ of Seizure and Sale. Do consider carefully and enlist the help of a lawyer for you to do your sums. In some cases, Judgment Creditors who take out a Writ of Seizure and Sale do not recover enough to even cover the costs of their lawyers and the costs of executing the Writ of Seizure and Sale. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Process for Writs of Seizure and Sale Your lawyer would make an application through the Integrated Electronic Litigation System. If your application is successful, an Appointment Letter will be sent to inform you of the date fixed for execution On the appointed date, either you or your representative (or lawyer) must attend at the Bailiffs Section of the State Courts with the following documents: The Appointment Letter The official receipt to confirm that the deposit amount due to the Bailiff has been paid A signed Letter of Authorisation and Indemnity duly signed by you. You would then go to the premises in which you seek to seize items for sale. You might also have to provide transport for the Bailiff to the place of execution and back to his office or to his next destination. At the place of execution, the premises may or may not be accessible for execution. If the premises are accessible, the Bailiff will enter the premises and may seize items identified by you and mark them accordingly. The Bailiff will guide you on which items can or cannot be seized by law. Examples of items that may not be seized include the clothing and bedding of the Judgment debtor and his family, tools of the trade necessary for the Judgment Debtor to carry out his trade or earn his living (if the value of such items does not exceed $1,000), wages and salary of the Judgment Debtor, and pensions, gratuity or allowance granted by the Government. After the seizure, the Bailiff will serve the necessary documents on the Judgment Debtor (including a notice not to remove or tamper with the seized items). If the premises are inaccessible or the Judgment Debtor refuses or somehow resists the execution, the Bailiff will serve or leave a notice at the premises. Although the Bailiff has the power to effect forced entry into the premises, the Bailiff generally refrains from exercising that power on the first attempt at execution. It is generally only on the second or subsequent attempts that the Bailiff will exercise his powers of forced entry onto the premises, usually undertaken by a professional locksmith (which you have to pay for).  If the first attempt was unsuccessful and you wish to try again, you would have to begin the whole process of applying for an Appointment date for execution. If execution was successful and you manage to seize some items, the judgment debtor is given seven working days to pay up all sums owing to you. At this stage, the Bailiff may require a valuation of all or some of the seized items and for a valuation report to be prepared and submitted before fixing the auction date. If you wrongfully seized some items which actually belong to someone else other than the Judgment Debtor, the owner of such items may file a claim (Interpleader) against you. If you dispute the other person’s ownership, you would have to file an Interpleader Summons at your cost. If you still do not receive the sums owing to you within the seven days stipulated above, you may proceed with an auction sale of the seized items. To do so, you would have to apply by filing a Request to Proceed with Auction. You will be informed of the auction date by the Bailiff. You must contact and appoint the auctioneer selected by the Bailiff at least seven days or three weeks before the auction date (which period is chosen will be specified by the Bailiff). The Auction date is fixed by the Bailiff, normally within 3 to 5 weeks from the date of service of the Notice of Sale. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How We Can Help You Attempting to recover monies on a Judgement is a technical process. Without a lawyer guiding you and with the wrong step, you could waste valuable time and money in the process. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 22, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, TenancyReceived a Writ of Summons?What is a Writ of Summons? A Writ of Summons is a formal court document that begins civil legal proceedings (a lawsuit) against you. It is basically a document from someone with a claim against you, launching a lawsuit. If you want to defend yourself against this claim, the Writ of Summons requires you to appear in Court. The Writ of Summons is normally accompanied by a Statement of Claim. The Statement of Claims briefly sets out the nature of the claim, the important facts, events and documents which support the claim in law, and the reliefs sought by the Plaintiff. If the Writ of Summons is not accompanied by the Statement of Claim, the Writ of Summons may nevertheless contain a summary of the facts relied on by the Plaintiff. Once the Defendant enters an appearance, the Plaintiff has 14 days to serve the Statement of Claim on the Defendant. To Contest a Writ of Summons or Not Once you are served with a Writ of Summons, you basically have 3 choices – you can ignore the claim, accept it or contest it. Never Ignore a Writ of Summons Writs of Summons are normally served at your doorstep or in person. It is quite difficult to ignore such an important court document. Whatever happens, never ignore a Writ of Summons. If you do, the plaintiff will apply to obtain a Judgement in default of appearance against you, which means you will be liable to pay the plaintiff the reliefs sought by them. The Court considers your failure to engage in the civil proceedings as your acceptance of the Plaintiff’s claims, and it may grant all of the Plaintiff’s claimed reliefs (which could include serious matters like a declaration that your property is no longer yours, for example). Although it is possible to set aside a judgment given in default of your appearance, this is rarely granted in Singapore, and is a long and costly process. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Accepting the Plaintiff’s Claims If you are not disputing the claim and accept the Plaintiff’s account of events and the reliefs he claims, you can contact the Plaintiff or his lawyer to negotiate a settlement. Nevertheless, it is highly advisable that you still enter appearance by filing and serving a Memorandum of Appearance. Contesting the Plaintiff’s Claims If you wish to defend yourself against the lawsuit, you have to ‘enter an appearance’ within 8 days of receiving the Writ Of Summons. If you are overseas, you have 21 days (or some other time frame stated in the Writ of Summons). Entering an appearance is normally done by engaging a law firm in Singapore to file and serve a Memorandum Of Appearance on the Plaintiff. This is a formal document which informs the court and the Plaintiff that you wish to participate in the legal proceedings and/or contest the claim. Defence and/or Counterclaim If the claim against you as set out in the Statement of Claim (which normally accompanies a Writ of Summons) is unfounded, incomplete, unreasonable, or you feel that you have claims of your own to make against the Plaintiff, you may choose to contest the claim by filing and serving your Defence and/or Counterclaim. Both the Defence and the Counterclaim are normally filed together. The Defence and/or Counterclaim must be filed within 22 days of being served with the Writ of Summons. Once this is done, you and the Plaintiff will be guided by your lawyers and the court through the pre-trial, setting down, trial and judgment stages of the legal proceedings. Take note that the 22 days do not start from the date you enter appearance. If you would like to avoid further legal proceedings and their attendants costs, or if you think your objections to the plaintiff’s claims are weak (but present nevertheless), you may want to contact the Plaintiff’s solicitors to negotiate on a settlement. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Always Approach a Lawyer First Whatever the nature of the claim against you set out in the Writ of Summons and the Statement of Claims, we would strongly advise you to seek legal advice to save time and costs in the long run. An experienced lawyer should be able to advise you on how your opinions on the matter, your version of events and the evidence you may have in your possession would be seen in the eyes of the law. This process would assist you in deciding how best to contest the claim and what to include or leave out from your Defence and/or Counterclaim. How We Can Help You Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 21, 2021
• Bankruptcy, Debt Recovery, Dispute ResolutionLending Money To Friends & RelativesTurning to a friend or family member for help is common in times of financial woe and hardship. But what is next after generally extending a loan with an IOU recorded?  What are the procedures of recovering the debt and interest in accordance with the law? A quick summary below will explain. What is Moneylending? What is a Moneylending Business? A moneylending business or a moneylender is defined by Sections 2 and 3 of the Moneylenders Act (Cap. 188) as any person or company that lends money to others in expectation of a larger sum to be repaid by the debtor. People who lend money to their friends and family will not fall under the definition of a moneylender if they do not carry out a money lending business. A person running a moneylending business can be distinguished by: Keeping records of loans made and repayments received for a period of time; Habitually loaning sums of money to people freely and in expectation of a larger sum in repayment; and/or Other records and/or patterns of conduct that show a person or company is making a business out of moneylending. Is There A Need to Have A Licence for Loaning Money?  According to the Moneylenders Act (Cap. 188) (the “Moneylenders Act”), unlicensed moneylending businesses are prohibited. You will not require a licence if: You are an “excluded moneylender” per Section 2 of the Moneylenders Act; or You are an “exempt moneylender” per Section 35 of the Moneylenders Act. Personal loans to and from friends and family are allowed so long as such personal loans do not fall into the definition of “money lending” or “moneylending business” as defined in the Moneylenders Act. Can I Charge Interest?  Yes – if there is no evidence of you carrying on a moneylending business within the definition of the Moneylenders Act, you can charge interest on a loan to friends and family without being a licensed moneylender.  Please note that persons who charge interest on a loan are automatically presumed to be moneylenders for the purposes of the Moneylenders Act under Section 3 of the Moneylenders Act, which reads as follows: “Any person, …, who lends a sum of money in consideration of a larger sum being repaid shall be presumed, until the contrary is proved, to be a moneylender.” This presumption can be rebutted with evidence that you are not carrying on a money lending business. Calculating The Interest Charged 4% is the current maximum permissible interest rate for licensed moneylenders, as stipulated under Rule 11 of the Moneylenders Rules 2009. However, this restriction is not applied to personal loans to friends and families outside of any moneylending business. For the avoidance of doubt as a lender and to avoid legal complications (if any), a clause on the interest rate is drafted in this form: “______% interest rate or the maximum rate as allowed by law at this date of drafting”. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Are IOUs Considered Legal? The answer is yes. An IOU is a written agreement between you and the debtor that records the terms of the loan and repayment. If the debtor fails to pay, you may claim that the debtor has breached the agreement. Do speak to a lawyer about the legal options open to you if you are in this situation. Is an IOU a Promissory Note? No, they are different. An IOU is a simple agreement that states the terms of a loan.  On the other hand, under the Bills of Exchange Act (Cap. 23), promissory notes are governed by more formal requirements. Should you wish to know if a promissory note is more appropriate for your situation, please contact a lawyer to ask. What is Collateral or Holding Security? Security could be valuables and/or property belonging to the debtor that you would be entitled to hold on to if the debtor defaults on repayment.  Typically, if a loan to a friend or family member is for a large sum of money, it is advisable to include security or collateral for the loan in the IOU. Any security would serve as protection for yourself because this secured property can be used as repayment of the loan should your friend fail to repay you and become bankrupt. It is advisable to seek legal advice should you wish to take security for a loan due to the complexity of the laws pertaining to securities.  Registration is also required for securities. Please speak to a lawyer on how you may protect yourself before extending any loans. What Is A Guarantor? A guarantor is a third party who is involved in your loan agreement and/or IOU. A guarantor helps to guarantee a loan – this means that in the event that the debtor defaults, the guarantor will be the one who has to repay the creditor. In order for a guarantee to be enforceable, the guarantee will have to be in writing and signed off by the guarantor in the presence of all parties involved in the loan. There must also be a witness present, and he or she must also sign the loan agreement and/or IOU. Who are Debt Collectors? Debt collectors are typically companies that can be engaged to go to your debtor and recover a debt for you. Before a debt collector can proceed to pursue a claim on your behalf, they are likely to require proof of the debt. Fees for engaging a debt collector can vary depending on the company or individual. Please always check before engaging a debt collector – some will take a cut of the recovered sum plus an upfront fee. Despite there being no law that specifically regulates the activities or methods used by debt collectors, debt collectors must abide by all existing laws.  No violence, property damage, or nuisance is allowed. Alternatively, you may engage a lawyer to write a Letter of Demand to the debtor to ask for repayment. A Letter of Demand can be very effective in reminding the debtor that the loan has not been repaid or forgiven and that the debtor should repay you as soon as possible for his or her own sake. Please speak to a lawyer about your options for writing such a Letter of Demand to get your matter resolved quickly. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Is Legal Recourse There? If the debtor refuses to pay and does not want to settle the matter with you, you should speak to a lawyer to better understand all legal options available to you. It is wiser and more appropriate to engage the services of a lawyer instead of hiring a debt collector to recover a loan. This is especially where a substantial amount of money is involved. A lawyer can assist you in issuing a Letter of Demand to the debtor. If the debtor persists in ignoring the Letter of Demand and/or not repaying you, you can choose to commence legal proceedings against the debtor for the money owed. For a straightforward debt matter with strong supporting evidence, a summary or default judgement can be obtained without the need for trial. Please note that the Small Claims Tribunals (SCT) will not handle such matters unless the situation involves a contract for the sales of goods or provision of services.  Another option is mediation. You may seek to mediate the matter with the debtor to resolve the dispute. Please speak to a lawyer for guidance through mediation processes and what you may need to prepare for mediation sessions. IOUs and Evidence: What Do I Need? When using an IOU to record your loan, you should keep all relevant evidence of your loan, including but not limited to: The written IOU; Text messages between you and the debtor about the loan; and Any transfers of money or payments of cash made according to the IOU. Please keep in mind that simply scrawling sentences such as, “A owes B S$10.00” on paper or over text would generally be insufficient proof of a loan agreement. Having strong evidence of the existence of the loan and that money was lent to the debtor will give you a higher chance of success if you decide to take legal action against the debtor. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Do I Write an IOU? Is There Precedent for an IOU? In general, you should state: Your name, ID number, address, and contact information; The debtor’s name, ID number, address, and contact information; The loan amount; The method of transferring the loan to the debtor; The date of the loan; and The repayment date, or dates if in instalments. You should also state if you wish to charge any interest on the loan sum. An IOU can help you save on potential legal fees in the future should your debtor not repay you. As such, you should speak to a lawyer about drafting an IOU. Does There Need to Be A Witness During The Signing? To avoid any allegations of duress, undue influence or mistakes made by the debtor, it is recommended to arrange a witness to be present at its signing on the drafted and agreed to IOU. The witness’ details should be reflected on the IOU note where possible. Limitation Period for making a claim  The limited shelf life on the IOU will be implemented should the debtor’s debt is not repaid. Legal proceedings will commence within six years from the stipulated repayment date – if there is a clause on a stipulated repayment date reflected in the IOU and the debt status remains as unpaid. The six years time limit will start to take place from the date when the cause of action arises – if there is no clause in the IOU that stated a repayment date. There will be a need to seek specific legal advice to determine the exact limitation period then. How can we help you Debt recovery & IOUs are delicate issues, and the documents required to process the actions to be taken may be too technical and complex for you to understand fully. Worry not, at Lions Chambers LLC, we have experienced lawyers well-versed in Singapore debt recovery proceedings. We will guide you through and explain to you each and every stage of your case. We understand that going through such an event is difficult. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 17, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Law SuitIs your Claim against someone Time Barred?Every now and then, we come across clients who’ve waited too long before approaching a lawyer to commence their civil claims against someone else. No matter how justified their claim is, and no matter how unjust it would be to deny them relief in the courts, their claims are barred by the law because they waited too long. The law basically tells potential plaintiffs that they have to make their claims in time to obtain the courts’ help. It also protects potential defendants from living their lives in fear, waiting their whole lives (or a very long time) for a lawyer’s letter or a Writ of Summons over some perceived wrong they may have committed in the past. So, how long do you have before you can rightfully file a civil claim in the courts? This depends on: the type of claim you are making, the type of remedies you are seeking, when your right to file a civil suit commenced for the matter, the type of court you are commencing your civil suit in, and any special reasons why the time limit should be extended in your case. Let’s discuss the various limitation periods. Do take note that the laws on time-barred claims are predominantly governed by the Limitation Act of Singapore. We shall cover the following: Claims Based on Contract Claims Based on Tort Claims Based on Defamation (Tort) Claims Based on Negligence, Nuisance or Breach of Duty Without Personal Injury (Tort) Claims Based on Negligence, Nuisance or Breach of Duty with Personal Injury (Tort) Claims over Death Caused by Wrongful Act, Neglect or Default (Tort) Claims to Enforce Judgments Claims to Recover Land Can the Limitation Period be Extended? The Small Claims Tribunals The Employment Claims Tribunals A Practical Consideration Claims Based on Contract If your claim is based on someone else’s breach of a contract: Period: 6 years When does the period start: From the date of the breach Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Claims Based on Tort In situations where you do not have a contract to rely on, your claim may be a tortious claim. A tort is basically a situation where: someone owes you a duty of care, negligently or otherwise failed to exercise that duty of care, and such failure resulted in a loss, damage or injury to you. Torts include, but are not limited to: Negligence Nuisance Breach of Duty Defamation Death by Wrongful Act Intellectual Property Infringements Insurance Claims Claims Based on Defamation (Tort) In situations where someone else has defamed you with libellous or slanderous words or published materials: Limitation Period: 6 years When does the period start: From the date you suffered loss or damage, or, in the case of published materials, the date of publication. Note: Even if you file your claim within the limitation period unless there are exceptional circumstances, the courts generally are less likely to rule in your favour if you wait too long. Claims Based on Negligence, Nuisance or Breach of Duty Without Personal Injury (Tort) For such claims where there is no personal injury suffered: Limitation Period: 6 years When does the period start: From the date the damage or loss occurred Special scenario: If you did not have the required knowledge to start a civil suit when the damage or loss occurred, you have three years from the earliest date you had the required knowledge to start the civil action and the right to commence such an action. Required knowledge: This generally means knowledge (i) of the identity of the defendant, (ii) of the material facts relating to the damage or loss that would justify a civil suit, and (iii) that the damage or loss was caused by the alleged act or omission. Note: There is an overriding limit of 15 years from the date of the act, which caused the damage or loss for you to file your claim in the courts. Claims Based on Negligence, Nuisance or Breach of Duty with Personal Injury (Tort) For such claims where there are personal injuries suffered: Limitation Period: 3 years When does the period start: From the date the injury was sustained Special scenario: If you did not have the required knowledge to start a civil suit when the injury was sustained, you have three years from the earliest date you had the required knowledge to start the civil action and the right to commence such an action. Required knowledge: This generally means knowledge (i) of the identity of the defendant, (ii) of the material facts relating to the injury that would justify a civil suit, and (iii) that the injury was caused by the alleged act or omission. Note: There is an overriding limit of 15 years from the date of the act, which caused the injury for you to file your claim in the courts. Claims over Death Caused by Wrongful Act, Neglect or Default (Tort) Such claims are typically commenced by the dependents of the deceased person. For such claims: Limitation Period: 3 years When does the period start: From the date of death Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Claims for Specific Performance or Injunction Claims for specific performance are normally made in contractual claims, while claims for injunctions are normally made in tortious claims (and sometimes in contractual claims as well). If granted, both specific performance and injunction orders compel the defendant to do or stop doing something. For both specific performance and injunction claims: Limitation Period: 6 years When does the period start: From the date of the breach of contract or from the date the damage or loss was incurred. Claims to Enforce Judgments If you obtained a court judgment in your favour, and the other party refused or otherwise failed to comply with the court’s orders in the judgment, you may take up enforcement proceedings against the other party. For such claims: Limitation Period: 12 years When does the period start: From the date the judgment became enforceable (this may not be the date of the judgment) Claims to Recover Land If you want to recover land, money secured by mortgage or charge on land or proceeds of the sale of land: Limitation Period: 12 years When does the period start: From the date the right to sue arose Can the Limitation Period be Extended? In 2 main circumstances, the limitation period may be extended. The law allows for the start of any limitation period prescribed in the Limitation Act to be postponed (and thereby extending the limitation period) in cases of fraud or mistake. If the defendant had perpetrated a fraud on the plaintiff, or if the fraud concealed the right of action from the plaintiff or if the cause of action is based on seeking relief for the consequences of a mistake, the law allows the start of the limitation period to be calculated from the date the plaintiff discovered the fraud or mistake, or from the date on which the plaintiff could have discovered it had he exercised reasonable diligence. The law also allows for limitation periods to be postponed in case of disability. Disability applies where the claimant is below 21 years old or where the claimant lacks the mental capacity to commence a civil suit. In such cases, the limitation period only begins from the date the claimant is no longer under a disability (he reaches 21 years old in age, or he no longer is mentally incapacitated) or dies. The Small Claims Tribunals If your claim falls under the Small Claims Tribunal, and you wish to commence proceedings there: Limitation Period: 2 years When does the period start: From the date the right to sue arose Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Employment Claims Tribunals If your claim falls under the Small Claims Tribunal, and you wish to commence proceedings there: Limitation Period: 1 year When does the period start: From the date the dispute arose If you are no longer employed by the company you intend to claim against: Limitation Period: 6 months When does the period start: From the last day of work A Practical Consideration Even if you file your claim outside of the limitation period, your claim may still be heard by the courts unless the defendant formally raises the limitation period in his defence. Nevertheless, it would be best to file your claim in time. Conclusion We have covered the most important limitation periods generally in this article. There are other limitation periods that apply, for example, to claims for contribution or to claims where the applicable law in a matter is the law of another country. How We Can Help You Do approach us for further advice on your potential claims if you have any concerns that you may have waited too long. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process, explain each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 16, 2021
• Criminal Law, UncategorizedWHAT TO DO IF YOU’RE CHARGED FOR DRINK-DRIVINGWhatever happens, do not panic. With some clear thought and guidance from an experienced lawyer, you may be able to reduce and mitigate the consequences of your indiscretion. The first step is to understand the charges against you. What is Drink-Driving and What are the Punishments? Section 67 of the Road Traffic Act sets out the offence for driving on a road or other public place while under the influence of alcohol or other intoxicants. There are two ways you may be found to have committed the act of drink-driving: When a breathalyzer test or blood test is performed on you, and you have been found to exceed the legal limits (which are 35microgrammes of alcohol in 100 millilitres of breath or 80 milligrammes of alcohol in 100 millilitres of blood). When you are found unfit to drive because you are so drunk that you are incapable of having proper control of the vehicle you are driving or riding. No breathalyzer or blood tests are necessary to charge you for this. A first-time offender may be liable to a fine of between $2,000 and $10,000 and/or imprisonment for up to 1 year. The offender’s driving licence will also be revoked for at least two years. The offender may escape a prison sentence. A repeat offender faces a fine of between $5,000 and $20,000 and up to 2 years’ imprisonment. The offender’s driving licence will be revoked for a minimum of 5 years. The offender will not escape a prison sentence. What Sentence Will You Get? As always, this depends on many factors, which include prior offences, including traffic offences the need to deter the general public from drink-driving the need to rehabilitate offenders aggravating factors (for example, an offender may have resisted arrest and behaved badly to police officers) mitigating factors (for example, the offender has shown his remorse by compensating an injured victim, may have been an upstanding citizen with years of philanthropic work). 3 of the more important factors considered by the court for drink-driving offences are: The nature and extent of actual or potential harm caused by the offence Here, the court will consider the nature and degree of harm caused by the drink-driving, including property damage, physical injury and even loss of life. The driver’s culpability (or fault) for the offence Here, the court will consider how blameworthy or culpable you are for drink-driving. It does this by considering how drunk you were with reference to the breathalyzer or blood tests results, with the assumption that the higher the alcohol level, the harsher the punishment should be. The court will also look into the circumstances of your choice to drink and drive and all relevant behaviour leading up to being charged in court. Your Antecedents (previous offences) Another thing the courts consider in all criminal prosecutions and drink-driving cases are antecedents (or your previous convictions and offences). Even minor, compoundable traffic offences will be taken into account by the courts as. An aggravating factor under Section 139AA of the Road traffic Act. Under Section 67A of the Road Traffic Act, the aggravated sentence may even be up to 3 times the usual sentence if you have antecedents which are serious road traffic offences. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Do You Have Any Defence? Whether we like it or not, the laws of Singapore and its courts are very tough on drink-driving. Excuses like you only drank a little bit, you drove only a short distance, no damage or injury was caused, etc will not be entertained by the courts. The only real way to defend against a drink-driving charge is proving that you had taken the alcohol only after you had stopped driving or after you had stopped attempting to drive (as recognized in Section 71A of the Road Traffic Act). However, you need to be very careful – if you’re in charge of a vehicle while being drunk, but not driving it, you may still be committing an offence under Section 68 of the Road Traffic Act. Another valid defence is to challenge the breathalyzer or blood test results. Both defences are very rarely used, and very rarely successful. What Are The Other Charges That Sometimes Accompany a Drink-Driving Charge? In many cases, especially the more serious drink-driving charges which involved an accident, property damage or injuries, some other charges are also levelled by the prosecution against the offender. These include: Reckless or dangerous driving, an offence under Section 64 of the Road Traffic Act Driving without due care or reasonable consideration, an offence under Section 65 of the Road Traffic Act Failure to stop the vehicle upon being involved in an accident, an offence under Section 84 of the Road Traffic Act   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Can a Lawyer Do For You? If you have been charged with drink-driving, Lions Chambers LLC can assist you by: Confirming that the charge details are accurate (i.e. confirming that you are indeed charged for an offence you have committed) Negotiate with prosecutors and the judge on bail and sentencing Negotiating with the prosecutors to replace the charge with a less serious charge Reduce the number of charges you face Reduce the sentence you face How can we help you Criminal Defence for Drink Driving in Singapore is a delicate issue and technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, we have experienced lawyers well-versed in Criminal Defence in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 15, 2021
• Divorce, Family LawAnnulment of Marriage in SingaporeIn Singapore, married couples are not allowed to commence divorce proceedings within the first three years of their marriage. However, there may be exceptional circumstances that allow for the marriage to be dissolved within the three year period. These include being granted a divorce if one party has suffered exceptional depravity or hardship or getting a marriage annulled. Getting A Divorce Within The First Three Years Of Marriage Section 94 of the Women’s Charter (Cap 353) prevents the filing of divorce proceedings until three years have passed since the date of the marriage. However, an exception to the three-year rule may be granted if you can adduce evidence that the marriage has resulted in you having suffered “exceptional hardship” or if your spouse has been “exceptionally depraved”. Examples of exceptional hardship or depravity may include: Extreme mental distress. Spousal abuse. Adultery in exceptional circumstances that justifies an early divorce (as opposed to regular adultery, which is insufficient to justify departing from the three-year rule), such as: Adultery that results in pregnancy; Multiple instances of adultery, with multiple partners; or Adultery with the family maid or a relative or close friend of the spouse. Homosexual tendencies in either party. It should be noted that in deciding whether or not to grant an exception to the three-year rule, the Court will consider the interests of any children in your marriage and the probability of a reconciliation between you and your spouse by the expiration of the three years. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Does Someone Get a Marriage Annulled If you are still within the first three years of your marriage and would like the marriage dissolved but are unable to prove “exceptional hardship” or “exceptional depravity”, an alternative to getting a divorce could be to getting the marriage annulled. However, it should be noted that a marriage will only be annulled if the marriage is void or voidable by law. The grounds for a marriage to be void, under section 105 of the Women’s Charter, are: Muslim marriages registered or solemnised under the Women’s Charter; Polygamous marriages; Underage marriages; Marriages between close relatives; Marriages between people who are already married to other people; Marriages of conveniences that took place after 1 October 2016, where one party to the marriage knew or had reason to believe that the marriage was to grant one party to the marriage an immigration advantage, and gratification is offered, given or received as an inducement or reward for a party for entering into the marriage. The marriage would be void unless it is proved that both parties believed on reasonable grounds that the marriage would result in a genuine marital relationship. Homosexual marriages; Marriages not properly solemnised in Singapore; and Marriages celebrated outside Singapore but are invalid for lack of capacity or by the law of the place in which it was celebrated. The grounds for a marriage to be voidable, under section 106 of the Women’s Charter, are: Unconsummated marriages owing to the incapacity or wilful refusal of one party to consummate it; A lack of valid consent from one party to the marriage; At the time of the marriage, one party to the marriage was suffering from a mental disorder of such a kind or to such an extent to be unfit for marriage; One of the parties was suffering from a venerable disease in a communicable form at the time of the marriage; One of the parties was pregnant by some other party at the time of the marriage. It should be noted that while marriages that are void will be invalid from the beginning of the marriage, voidable marriages continue to exist until a party to the marriage applies to Court to have the marriage declared void. The Court can refuse to grant the annulment of a voidable marriage for reasons including if the party seeking to annul the marriage fails to prove his/her case or if granting an annulment would be unjust to the other party. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Filing for a divorce or an annulment in Singapore are delicate issues and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, We have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will guide you through the process and explain to you each and every stage of your divorce or separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 15, 2021
• Debt Recovery, Dispute ResolutionCivil Litigation Process SingaporeThe following steps list out the basic processes and timelines for civil litigation in Singapore – from commencing litigation to appeal and enforcement.   Commencement and Default Judgment Process The Plaintiff will file a Writ of Summons or an Originating Summons, usually with a Statement of Claim. Within six months (in most cases), the Plaintiff must serve the summons on the Defendant. Within eight days of service on the Defendant: the Plaintiff must file a Memorandum of Service; and the Defendant must file a Memorandum of Appearance If the Writ of Summons did not include a Statement of Claim, it must be filed and served on the Defendant within 14 days of the Defendant’s filing of the Memorandum of Appearance. If the Defendant did not enter appearance, Default Judgment may be entered against him/her. Within 22 days from the date of service of the Writ of Summons, the Defendant must file the Defence and serve it on the Plaintiff. He may also include a counter-claim against the Plaintiff. Within 14 days after the Defence (and Counterclaim, if any) has been served on him, the Plaintiff may file and serve a Reply (and Defence to Counterclaim, if any). The Plaintiff may apply for Summary Judgment if the Defendant has no real defence to the claim. Pre-Trial Process Summons for Directions: Summons for Directions are largely procedural and do not really involve the substance of your claim. The courts will hear your lawyers’ arguments and determine how to prepare effectively for trial. The issues determined relate to the filing and exchanging of affidavits, the number of witnesses a party may require, and the number of trial days required. Parties will also need to agree on specific evidence such as expert advice to be used at trial. Interlocutory Applications: While preparing for trial, you may want to obtain certain documents and verify certain facts in order to mount a claim or defence, especially when the opposing party refuses to furnish such facts or documents. In such circumstances, your lawyer will assist you to file a Summons and an affidavit to seek the orders you desire. These could be for the court to order the opposing party to provide relevant documents and evidence (applications for discovery), for the court to allow you to amend your claim or defence, applications for default judgment (when the other party has failed to comply with orders of court, for example), or applications for summary judgment (when the other party has no real defence to contest the claim). Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Setting Down: After all evidence has been gathered and affidavits have been filed and both sides’ are certain of their respective cases, a formal application is made to set an action down for trial. Pre-trial Conference (PTC): These are sessions with a Judge which your lawyer will attend on your behalf to ensure and confirm that all pre-trial matters and applications have been dealt with before the matter proceeds for trial Trial and Post-Trial Processes Trial: Generally the stages of a trial are as follows: The Plaintiff will introduce the parties The Court will mark the bundles of affidavits and documents Opening statements are read by the Plaintiff followed by the Defendant. The Plaintiff will call his witnesses. The Defendant will cross-examine the Plaintiff’s witnesses. Then the Plaintiff will re-examine the witnesses. After all the Plaintiff’s witnesses are called, the Plaintiff will close his case. Defendant will call his witnesses. The Plaintiff will cross-examine the Defendant’s witnesses. Then the Defendant will re-examine the witnesses. After all the Defendant’s witnesses are called, the Defendant will close his case. Legal Submissions and Closing Submissions by parties. Court delivers its Judgment. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Judgment: The Court may pronounce Judgment immediately after listening to the closing submissions. Alternatively, the Court may adjourn the case to consider the evidence and arguments. In such cases, the Court will inform the parties on a later date to attend before the Court for the delivery of Judgment. Assessment of Damages: In some cases (for example, personal injury cases), the judge will separate his Judgment into 2 – Judgment on the issue of liability (who’s at fault and for what) and Judgment on the issue of damages (how much should be paid). In such cases, the quantum of damages to be awarded is assessed by a Registrar in a hearing in chambers. The Registrar will hear evidence from appropriate parties, such as the injured plaintiff or medical experts, to determine the appropriate quantum of damages to be awarded, and make an appropriate judgment in due course. The Appeal Process Generally, you may appeal against a judgment if you’re not satisfied with it. You may thus appeal to the High Court if you’re not satisfied with a District Court Judgment and appeal to the Court of Appeal if you’re not satisfied with a High Court Judgment. However, in certain circumstances, you may need to obtain leave (or permission) of the Court to file an appeal. For example, if the amount in dispute or the value of the subject matter does not exceed S$60,000, permission of the Court is required to appeal to the High Court. The Enforcement Process Receiving a Judgment in your favour does not automatically mean that the losing party will pay or comply with the Judgment. You may have to resort to taking out separate applications to enforce the Judgment and receive your dues. These include writs of possession, writs of distress, writs of seizure and sale, garnishee proceedings, committal proceedings, and examinations of judgment debtors. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How We Can Help You Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 14, 2021
• Divorce, Family LawWhat to bring to your first meeting with your divorce lawyerThere are several documents that you should bring with you to your first meeting with your divorce lawyer. You should bring the documents that the court requires in the two stages of divorce proceedings (the main proceedings, which will lead to a grant of an interim divorce order, and the ancillary proceedings, which deal with matters such as division of matrimonial assets, maintenance and child custody, and leads to a final judgement). Any personal information you provide your lawyer will be kept in the lawyer’s confidence and will only be used in relation to the divorce proceedings. Documents necessary in all divorce matters You should bring the following documents to your first meeting with your lawyer, no matter what stage you are at in your divorce proceedings: your personal identification card (or passport, should you be a foreigner); your spouse’s personal identification card (or passport, should your spouse be a foreigner); your marriage certificate; and any birth certificates of the children of your marriage (if any). Documents to bring before the commencement of divorce proceedings You should bring the following documents to your first meeting with your lawyer if you have yet to commence divorce proceedings: documents relating to the particulars of your marriage, which should include the duration of your marriage; documents relating to the particulars of you and your spouse, which should include your ages, citizenships, addresses, education levels, and occupations; and documents relating to your children (if any), which should include the medical reports of any children suffering from any chronic illnesses or disabilities. Documents to bring before the first stage of divorce proceedings The first stage of divorce proceedings deals with the divorce itself. In order for the court to grant a divorce, the court must be satisfied that the marriage between you and your spouse has irretrievably broken down. As such, you will need to bring with you documents that can serve as evidence of the following facts, which can serve to convince the court that your marriage has irretrievably broken down: that your spouse has committed adultery, and that you find it intolerable to live with your spouse; that your spouse has acted in a way so unreasonable that you cannot be expected to live with your spouse; that your spouse has deserted you for a continuous period of at least two years immediately preceding your filing for divorce, and your spouse has an intention to desert you; or that you and your spouse have been living separately for a continuous period of at least three years (in the case of an uncontested divorce) or at least four years (in the case of a contested divorce). Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Documents that can serve as the aforementioned evidence of irretrievable breaking down of a marriage can include: reports from private investigators (particularly in cases of adultery); correspondence between you and your spouse; medical reports (if you have been the victim of domestic abuse at the hands of your spouse); or a Deed of Separation or a judgement of judicial separation. Documents to bring before the second stage of divorce proceedings The second stage of divorce proceedings deals with matters ancillary to the divorce itself. These matters can include: the division of matrimonial assets the maintenance of a spouse; the maintenance of any children of the marriage; and custody, care and control, and access to any children of the marriage. In relation to matters concerning the division of your matrimonial assets, you should bring the documents which relate to both assets which you own by yourself, as well as assets which you own jointly with your spouse, which may include: housing loan documentation; CPF statements relating to CPF contributions to a Housing Development Board flat (if applicable); renovation receipts; bank statements; credit card statements; payslips; income tax documents; valuation reports (if applicable); and insurance policy documentation (if applicable). You should compile a list of all the above-mentioned assets, along with the estimated value of the same and the basis of such a valuation. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The court will consider the financial capabilities of both you and your spouse when deciding whether or not to give and how much to give in an order or maintenance. As such, you should bring documents relating to both you and your spouse. These documents may include: both parties’ payslips; both parties’ CPF statements; evidence of both parties’ employment (where applicable), such as employment contracts or letters from employers; both parties’ income tax documents; both parties’ bank statements; and documents relating to both parties’ debts. You should also bring the documents which relate to or can serve as evidence of your and/or your children’s monthly expenses (where applicable). Conclusion It should be noted that this article only outlines some of the documents which you will likely be asked by your lawyer to prepare and bring. Upon engagement, your divorce lawyer will likely inform you of exactly what to bring to your first meeting with him/her. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 11, 2021
• Corporate Law, Dispute Resolution, TenancyKey Terms in a Tenancy AgreementWe routinely and sometimes unthinkingly sign off on tenancy agreements, whether we are landlords or tenants. This may be a huge mistake because some terms are very important or may have so many repercussions if things go wrong. Do look out for the following seven key terms in all tenancy agreements you sign off on. Better still, approach Lions Chambers LLC for all your tenancy needs – whether it’s drafting tenancy agreements, reviewing tenancy agreements, negotiating on your behalf or when you’re faced with a tenancy dispute. These are the clauses we discuss in this article: Option to Renew Termination Notice of Re-entry/Notice to Quit Quiet Enjoyment Repair Reinstatement Yielding Up Option to Renew An Option to Renew Clause typically states whether the Tenant can renew the tenancy for an additional term/tenure. This clause normally provides for a notice of renewal to be made within a certain number of days before the expiry of the current term, provided there are no preceding breaches of the tenancy. The crucial things to look out for are the new rate of rental and the terms upon which such renewal is granted. Many such clauses are drafted in an open-ended manner, for example, “…to be renewed for a further two years at a rate to be mutually agreed…”. Such clauses do not give either the Landlord or Tenant any certainty. All it really amounts to then is just a promise to consider renewal. Sometimes, such clauses offer a degree of specificity. Examples of this include a maximum limit for the new rent – “at a rate of not more than 20% above the current rate”. Also common in tenancy agreements is “prevailing market rate”. If you have entered into a tenancy agreement with “prevailing market rate” as the rate for renewed terms of rental, do take note that the Courts allow landlords quite a lot of room to decide what the prevailing market rate is. Termination Tenancies are usually for fixed terms – typically one, two or three years. Nevertheless, there are occasions when the tenancy has to be terminated early. If it’s by amicable and mutual agreement between the Landlord and Tenant, such early terminations are smooth affairs. This mutual agreement may be anticipated in the contract itself: If the Landlord is considering redevelopment of the property or anticipates an en bloc sale, an acquisition by the government or a sale, he may include terms within the tenancy agreement to reserve his rights to terminate the agreement early for specified reasons and include a notice period for early termination. Another common clause allowing for premature termination is found in residential tenancies where the Tenant is an expatriate employee. Such clauses are called ‘diplomatic’ clauses. They allow the expatriate tenant to terminate the tenancy early if he or she is deported from the country, transferred overseas, or has left his employers. If the Landlord is in breach of the agreement and unilaterally terminates the tenancy prematurely, the difference in rent which the Tenant must pay for securing alternative premises and related costs, agency fees, etc., may be claimed in court. If the Tenant is in breach of the agreement and unilaterally terminates the tenancy prematurely, the security deposit is forfeited, and damages for rental for the full term may be claimed from the Tenant by the Landlord, provided the Landlord mitigates his loss by, for example, undertaking reasonable efforts to secure a replacement tenant. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Notice of Re-entry/Notice to Quit Many tenancies allow the Landlord to re-enter the premises upon breach by the Tenant. Such re-entry or formal notice to quit automatically terminates the tenancy. The Landlord may then claim for further losses (for example, for damage to the property and reinstatement) after gaining re-entry to the premises. Quiet Enjoyment By paying rent, the Tenant earns the right to the quiet enjoyment of the property without undue disturbance or nuisance. This is seldom a problem in commercial premises or residential premises. However, when the property in question is ‘mixed use’, i.e. residential-commercial or residential-retail, problems may crop up. Residential tenants need their peace and quiet. Commercial or retail establishments, however, may require a bit more ‘noise’ to create the right atmosphere to optimize commercial performance. Do approach Lions Chambers LLC if you are ever faced with any tenancy issues relating to quiet enjoyment. We have acted for both landlords and tenants in tenancy disputes and know exactly how to negotiate and resolve the matter effectively and without burning a hole in your pockets. Repair The basic rule here is that if the Landlord wants the Tenant to foot the bills for certain items, he should make sure it is included in the tenancy agreement. In commercial tenancies, the Tenant is usually responsible for the maintenance and repair of the premises (except for fair wear and tear, which the Landlord should pay for). The Landlord is usually responsible for the maintenance and repair of common property. In residential tenancies, we have seen many different ways of apportioning responsibility for repair and maintenance. One common method is to separate small items from big items. You could, if you’re a landlord, make the tenant pay for all repairs and maintenance below S$X for any one item while choosing to pay for all repairs and maintenance for any one item which cost above S$X. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Reinstatement Typical tenancy agreements include a clause making the Tenant responsible for reinstating the premises to its original condition before handing the premises over to the Landlord upon expiry of the lease. Whether you’re a landlord or a tenant, please make sure that the agreement provides sufficient time for the Tenant to perform reinstatement works. If the reinstatement works are not complete at the time of handing over, the clause in question may allow the Landlord to undertake the reinstatement at his own expense and claim the same from the Tenant. On some rare occasions, the Landlord may waive such reinstatement because the Tenant has already undertaken extensive renovations, which may have enhanced the possible rental yield of the property. Sometimes, the new, incoming Tenant may not require such reinstatement and may accept the premises in their original condition. Yielding Up Almost all tenancy agreements contain an express term stipulating that the Tenant must yield up possession of the premises at the expiry of the term in its original condition. Even when such terms are absent from the agreement, they are implied at law. The Tenant must vacate the property and ensure any sub-tenants or occupiers also vacate the property. This implied term extends to anything that has become part of the property like improvement works by the Tenant, fixtures and fittings. How can we help you Blindly signing a Tenancy Agreement may be the worst decision you can make. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you.  If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 10, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, TenancyWhat to Do If You Receive a Writ of SummonsGetting a writ of summons and reading that someone wants to take you to court is definitely stressful. Whether you win or lose, going through a trial would not only affect you but your loved ones as well. So, what is the best next step in your situation? Here is some essential information to help you decide. What is a Writ of Summons? Why are Writs of Summons Issued? A writ of summons is a court document used to commence civil proceedings in Singapore. In most cases, the writ is preceded by a letter of demand from a lawyer. If the letter of demand is not complied with, the sender of the letter may then choose to take legal action against you. The writ of summons will usually have a statement of claim attached, which outlines the case against you. If you receive a writ of summons, you will be the defendant or respondent. The person or company who sent you the writ of summons will be the plaintiff or claimant. Is a Writ of Summons a Lawsuit? No, a writ of summons is a court document used to start legal proceedings in Singapore. The lawsuit against you will be described in any statement of claim attached to the writ of summons that you receive. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Happens After Receiving a Writ of Summons? The writ of summons starts a claim against the respondent/defendant in a Singapore court. If the respondent/defendant does not contest the writ of summons, the claimant/plaintiff can file for judgment against the respondent/defendant without trial. The court will assess how much the respondent/defendant should pay the claimant/plaintiff and order the respondent/defendant to pay accordingly. This is known as a default judgment. Once a default judgment is made against the respondent/defendant, the only option the respondent/defendant will have is to set aside the default judgment. This can be done by showing that there were procedural defects in the grant of the default judgment or that there are arguable or triable issues. If the respondent/defendant contests the writ of summons, the respondent/defendant will enter an appearance within eight (8) days of the writ of summons. After this, the respondent/defendant will submit his defence to the court within fourteen (14) days, and the claimant/plaintiff may file a reply in return. The trial will then commence. How Do You Respond to A Writ of Summons? If you receive a writ of summons, you need to first decide whether you wish to contest the claim against you. At this point, you should engage a lawyer to better understand the claim against you and how you can best address it. Not Contesting the Claim? If you do not contest the claim and/or remain silent for eight (8) days after the date of the writ of summons, the person or company who sent you the writ of summons can apply for judgment against you without trial. The court will assess how much you should pay the person or the company and order you to pay. This is known as a default judgment. You must comply with the default judgment unless you choose to apply to set it aside. However, doing so will be an expensive process, given that you will have to pay costs to your lawyer and, if the court orders it, pay for the claimant/plaintiff’s costs in getting default judgment in the first place. If you are thinking of not contesting a claim, please consult a lawyer before the eight (8) days from the writ of summons pass. He or she can help you better understand the consequences of failing to contest a claim against you. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Contesting the Claim? If you do contest the claim, you have eight (8) days from the date of the writ of summons to enter an appearance and let the court know. You should quickly find a lawyer to represent you and file a Memorandum of Appearance on your behalf. After you have entered an appearance, a trial on the claim will begin. Your lawyer will then help you draft a defence against the claim(s) against you and appear in court to represent you in subsequent hearings. Please note that having a lawyer with you through this process is essential. He or she can help you draft documents that best represent and defend your case in court. How Long Does A Writ of Summons Last? A writ of summons will give you eight (8) days to let the court know whether you are going to fight the claim against you. The writ of summons will then be used for default judgment against you after the eight (8) days pass. What Happens If I Doesn’t Respond to or Ignore a Writ of Summons? If you do not respond to a writ of summons, the court will assume that you will not be fighting the claim against you. A default judgment can be filed against you after eight (8) days from the date of the writ of summons. You must comply with the default judgment. Can A Writ of Summons Be Withdrawn? The claimant/plaintiff will need to discontinue his case or withdraw his claim against you. This can be done at any point of legal proceedings with a Notice of Discontinuance but no later than fourteen (14) days after the close of pleadings. If you engage a lawyer for this process, your lawyer can help you write to the claimant/plaintiff and see if a settlement can be reached. If you and the claimant/plaintiff agree on a settlement agreement, your lawyer can then write to the claimant/plaintiff, telling him to discontinue his case against you. You must then comply with the settlement agreement made. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Do I Get a Settlement? You should engage a lawyer and discuss your case with him or her as soon as possible. Your lawyer can then discuss the best approach to your case with you and proceed accordingly. Please remember that you only have eight (8) days from the date of the writ of summons to respond. Otherwise, you will lose the case by default. How We Can Help You Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 9, 2021
• Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, TenancyKey Terms of a ContractWhether you’re signing off on a simple tenancy agreement or a multi-million dollar joint venture agreement, contracts are part and parcel of life and business. Many disputes and problems can be avoided if you read your contracts properly, with a keen eye for detail and some knowledge of legal terminology. Of course, the best thing to do would be to approach a lawyer to review a contract you are about to enter into. Lawyers are familiar with contract law and have developed a keen understanding of various types of clauses and how to draft them, even challenge them. Lawyers may also negotiate for amendments to terms and conditions in the contract which are not favourable to you. So, what should you keep an eye out for before you sign on the dotted line? Here are a few suggestions: Key Terms and Clauses You should read each and every line of the contract you are about to enter into very carefully. However, some terms are more important for you to scrutinize than others: terms relating to the bargain (what each side is bringing to the table), payment terms, how long the contract is for, indemnity clauses, confidentiality clauses, termination clauses, dispute resolutions clauses, and post-termination obligations. Termination and Renewal Terms and Clauses Very often, such terms are very simple to understand. However, such terms are also very often what parties go to court for. It is thus important to look out and plan for termination dates, other important dates, automatic renewal and opt-out or opt-in windows of time so that you are not caught off-guard. Default Terms In the ideal scenario, everything goes according to plan. After you sign your contract, you collect your service or money and smile your way to the bank. However, when one party breaches the contract or fails to deliver what he promised, close attention needs to be paid to the whole contract to understand your rights and obligations during default or breach. You might as well do all of this before signing the contract. Doing so would inform you of what you need to prevent, look out for and prepare for in case things go awry during the term of the contract, and would even assist you in securing your rights if you are the non-breaching party. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Exemption Clauses Exemption clauses come in 2 forms – exclusion clauses and limitation clauses. Exclusion clauses seek to exclude liability for a party to a contract in case things go wrong, for example, clauses we see daily in car parks and commercial outdoor activity areas – “The management is not liable for any loss, damage or injury to any person or property.” Limitation clauses seek to limit the liability of any breaching party to a maximum dollar amount; for example, “the management shall be liable up to a maximum of $2,000 for any damaged property or loss.” Even though we sometimes unthinkingly accept such exclusion clauses and limitation clauses, it is good to keep in mind that if challenged, the drafter of such clauses, or the party seeking to rely on such clauses in a dispute, may have to prove that such clauses are reasonable as required by the Unfair Contract Terms Act. Fine Print Many contracts include terms printed in small fonts, which are “hidden” at the back of a contract. You should scrutinize these carefully because no matter how small such fine print is and how difficult it is for you to read them, they are part of the contract. Do not hesitate to ask the drafters of such contracts for clearer copies of the contracts or terms in question. And always approach a lawyer when in doubt. Vagueness In an ideal world, all contracts should consist of clear and unambiguous terms. However, either due to shoddy drafting or a drafter who is seeking to sneak a term favourable to him into the contract, many contracts include vague terms. Such terms typically allow for several interpretations, allowing either or both parties to the contract to claim that they are not bound by that term or bound in a different way, to the detriment of the other party. A good contract lawyer should be able to redraft such terms to make them clear and unambiguous and should be able to negotiate the inclusion of the newly drafted (clear) terms into the contract for you. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Blank Spaces Items left blank can sometimes be filled in by other parties. It is thus always a good idea to cross out all blank spaces. This applies not just to formal contracts but forms you fill in leading up to a contract, for example, insurance intake forms. You absolutely do not want to be taken by surprise and be faced with a term which you are obliged to fulfil due to its inclusion by someone else after the contract has been signed. Oral Understandings, Email Discussions Always make sure that everything you agreed upon is captured by the written contract. All verbal agreements, terms discussed and confirmed via stray emails, should be formal written clauses in the contracts you sign off on. This will ensure certainty in the contracts you enter into and avoid the need to prove such terms or clauses should the other party suddenly decide to pull a fast one on you by pretending such terms or clauses did not exist. Documents Referred To / Incorporated Documents Many contracts refer to and incorporate other documents into the contract as part of the contract. Very often, for the sake of convenience, parties fail to ask for and read such documents. These documents range from ‘codes of conduct required of vendors/suppliers to simple annexes and schedules. Do not assume you know what such documents contain or that such documents are harmless. Always make sure to ask for such documents and read them carefully before signing on the dotted line. How can we help you Contracts or Agreements may be too technical for you to fully understand alone. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you.  If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 8, 2021
• Corporate Law, Debt Recovery, Dispute Resolution, TenancyEnforcing A Verbal Agreement in SingaporeThe law dictates that when parties have already put the terms and conditions of the contract down in writing, they should be able to rely on and be protected by the written contract. Some verbal remark, often forgotten or given contradictory interpretations by parties, should not be allowed to detract from commercial certainty. Nevertheless, there are two main exceptions – when the term or promise was mistakenly left out of the contract and when the term or promise was intended to be part of the contract but was somehow left out of it. The law upholds verbal terms and promises in these two categories as long as the promise or term is clear and certain (not vague). If the Verbal Term or Promise was Mistakenly Left Out of the Contract In two situations, the courts will ‘rectify’ the written contract by inserting the verbal term or promise into the contract: One party mistakenly thought that the written contract accurately recorded the agreement, and the other party knew that the first party was mistaken but did not correct you. Both parties mistakenly thought that the written contract accurately recorded the agreement, provided three things are proved to the satisfaction of the courts: Both parties intended the verbal term or promise to be part of the contract; This intention was communicated to each other; and By mistake, the document did not capture this shared intention. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If the Verbal Term or Promise was Part of the Agreement but was not Recorded in the contract For such verbal promises or terms to be considered part of the contract, it is crucial that the agreement does not have a clause which states that all terms of the agreement are in that document. This type of clause typically reads as follows: “This Contract sets forth the entire agreement and understanding between the Parties.” It is also important to prove that both parties did not intend the written contract to contain all the terms of the agreement. For example, if the written contract talks only about the supply of the number of goods but leaves out the quality of the goods, it may be reasonably argued that the verbal promise or term in respect of quality was part of the agreement even though it was not written down. Practical Tips and Reminders Ensure that you capture all verbal communications in writing. This is most effectively done by an email to the other party where you repeat and confirm all communications, promises and agreed terms. Ensure that all your written agreements are drafted, or at the very least, reviewed by a lawyer. If you have exchanged drafts of the contract with the other party and have made amendments, it is more difficult to prove that a verbal term or promise was part of the contract. Communications between parties before the contract was signed can be crucial to prove a certain interpretation of terms and the absence of terms that were intended to be included in the written contract. How can we help you Contracts or Agreements may be too technical for you to fully understand alone. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you.  If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 7, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Dispute ResolutionAvoid Liability For Breach of ContractSo, you’ve signed a contract, ready and willing to do all it takes to ensure that you perform your side of the bargain and receive what the other side promised. However, something crops up – the other side now claims that you’ve breached the contract. But you think you have an excuse.  In many cases, even if you’ve technically breached the contract, the law affords you several defences which may allow you to avoid liability (partially or fully) for breaching the contract and reduce your exposure to damages. These defences will enable you to be released from certain conditions in the contract or the whole contract. The defences include mistake, frustration, misrepresentation, duress, undue influence, unconscionability and illegality. Mistake Mistakes may allow you to avoid liability for the contract as a whole or certain terms in the contract. Legally, the term ‘mistake’ refers to when one or both parties entered into the contract under the misapprehension over a critical term. A common mistake is when both parties made the error. A mutual mistake is when both parties have contradictory understandings of what a term or the contract is about. A unilateral mistake is when one party has made a mistake, and the other knows or ought to have known about the mistake. Non est factum is when there is a radical difference between what you thought you signed and what you signed (always keeping in mind that not reading the contract properly will not be recognized by the courts as an excuse to escape liability). Frustration Frustration is a legal doctrine that recognizes that in certain circumstances, without the fault of either party, the contract is incapable of being performed because circumstances have changed so drastically that performance of the contract would be radically different from that which was agreed under the contract. The whole contract is then deemed void in law. This is sometimes provided for in contracts as an express term called a force majeure clause. Care must also be taken to look into the Frustrated Contracts Act to fully assess the effectiveness of using frustration as a defence.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Misrepresentation Misrepresentation is when one party makes a false statement that induces the other party to enter into the contract. The misrepresentation may be express or implied. It may also be made by omission. If you relied upon the misrepresentation in deciding to enter into the contract, you should be able to void the contract and avoid liability for supposed breaches. You may even be able to claim damages if the misrepresentation was fraudulent or negligent and caused you loss, damage or injury. Duress, Undue Influence and Unconscionability A contract may be voided if you are forced into the contract under duress where the other party threatens or harms you, your property or your economic interests. Undue influence is more subtle, where the other contracting party dominates the other and undermines his or her independence. Certain relationships are presumed to exert undue influence, such as director-company, parent-child, doctor-patient and solicitor-client, keeping in mind that the amount of undue influence deemed to have been exercised will differ from case to case. A contract may also be voided if it is unconscionable –  grossly unfair or inequitable due to the parties’ unequal bargaining power. Illegality The law will not recognize or support the performance of a contract that constitutes or involves illegality of some sort or is against public policy. For example, contracts seeking to or involve sexual immorality, fraud, crime, threats to public safety, deception of authorities, interference with the administration of justice, etc., will be void. How can we help you Contracts or Agreements may be too technical for you to fully understand alone. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you.  If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 3, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Dispute Resolution, TenancyWhat If You Tenant Doesn’t Pay Rent?The most common breach of tenancy agreements is the late or non-payment of rent. The tenancy agreement normally allows the Landlord to re-enter the premises and terminate the tenancy upon non-payment for a stipulated number of months/days. The agreement also typically allows the Landlord to forfeit the deposit. In addition to the above, the Landlord may sue the tenant in the civil courts of Singapore to claim his or her dues. This typically takes three forms: Writ of Seizure and Sale and/or Writ of Possession Writ of Distress Writ of Summons Writ of Seizure and Sale and/or Writ of Possession A Writ of Seizure and Sale is appropriate if you want to recover only rental arrears but are happy to let the tenant continue to rent out your property. After a successful application is made, the Court-appointed Bailiff will go to the premises, seize items of value and sell the items at an auction. The proceeds from the auction can then be used to pay you the arrears. However, there are many cases where the items seized are not worth enough to satisfy your claim for arrears. Often, your lawyer would advise you to apply for a Writ of Seizure and Sale together with a Writ of Possession to allow you to recover unpaid rent as well as recover vacant possession of your property. This is the most appropriate option if you have already decided to terminate the lease or if the tenant refuses to leave your property. The Court-appointed Bailiff will go to the premises and ensure that the tenant leaves the premises. The tenant has a 4-week period within which he or she can pay all outstanding sums to avoid eviction. At this stage, we need to warn you. Although it seems you could just change the locks and forcibly recover possession of your property, this could open you up to civil proceedings for false imprisonment (if you locked the premises while somebody was in the premises) or for damage to your tenant’s property. Approach Lions Chambers LLC – we are skilled and experienced in recovering rental arrears and possession for landlords who face problematic tenants. Very often, our solutions do not require you to go to Court at all. Another point to keep in mind is that if the tenant continues to refuse to leave the premises even after termination of the tenancy agreement, he is considered to be ‘holding over’, which means the law allows for the Landlord to claim double the rental rate. Writ of Distress A writ of distress is an ex parte application. This means the tenant is not informed of the legal proceedings against him. A successful application allows the Landlord to recover rental arrears for the 12 months preceding the application only and does allow the Landlord to claim for charges like service fees or licence fees. A Court-appointed Bailiff goes to the premises and seizes items of value. If the tenant does not pay the outstanding rent and associated fees within five days, the Bailiff will sell the items at an auction. The proceeds will then be used to pay the Landlord after costs and expenses for the Bailiff have been satisfied. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Writ of Summons The problem with the Writ of Distress is that only outstanding rental for the 12 months immediately preceding the application may be claimed. The Writ of Summons, however, does not have this ‘weakness’. You may claim for arrears well before the 12 month period and may claim for charges like service fees and licence fees, if necessary. For the Writ Seizure and Sale and the Writ of Possession, it is necessary for the Landlord to first obtain a court’s judgment in his or her favour, ordering the tenant to pay the unpaid rent or deliver vacant possession to the Landlord. This judgment commenced with a Writ of Summons. The process starts with a letter of demand sent to the tenant by your lawyer. If the tenant fails to respond satisfactorily and pay you, then your lawyer will assist you in drafting and filing a Writ of Summons, which must be served personally on the tenant in person or at the tenant’s registered address if it is a corporate entity. If personal service is not feasible, substituted service may be performed by posting at the last known address or via advertisement. After eight days of service, the tenant has to enter appearance. If he does not, judgment in default of appearance may be granted to the Landlord. If he does, he has a further 14 days to file a Defence. After the Defence is filed and it contains no merit, the Landlord may choose to apply for summary judgment in his favour. If no Defence is filed, the Landlord may apply for a judgment in default of Defence. After judgment is obtained in the Landlord’s favour, the Landlord may apply for a Writ of Seizure and sale and/or a Writ of Possession. In some cases, the Landlord has to apply for leave (or permission) of the Court to file such additional writs. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now In deciding which solutions to employ to deal with a non-paying tenant, you would have to consider the following factors carefully: the amount of security deposit and whether it may be set off against sums owed, amount of outstanding rental, balance period of lease left, costs of litigation, circumstances of the tenant, etc. Please approach Lions Chambers LLC to give you a fuller appreciation of these and other matters relating to your property. How can we help you Successfully dealing with Tenancy Disputes in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed with Singapore’s Tenancy Laws. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 2, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Defamation, Dispute Resolution, Employment LawBreach of Contract: What Can You Claim?These claims are typically called remedies for breach of contract. There are 2 types of remedies – common law remedies and equitable remedies. Common law remedies include damages and quantum meruit. Equitable remedies include specific performance and injunctions. The main practical difference between these 2 types of remedies is that equitable remedies are at the discretion of the courts – even when you win the case in court, the court may decline to award equitable remedies, but it must always allow for common law damages to be claimed and awarded because damages are available ‘as of right’. Liquidated Damages Liquidated damages depend on liquidated damages clauses in contracts that specify the amount of damages the aggrieved party shall receive in case of breach by the other party. Generally, the courts will uphold such clauses without requiring the aggrieved party to prove that he or she has suffered a loss. Such clauses often include upper limits to the amount which the breaching party has to pay the aggrieved party. Such clauses are commonly found in construction contracts, cleaning contracts and security guard contracts. However, it is important to keep in mind that the law will uphold such liquidated damages only if they are a genuine pre-estimate of the loss that might be suffered as a result of the breach. Such damages should not be a penalty (punishment or threat). Unliquidated Damages For unliquidated damages, the basic legal principle is that the courts would try to place the innocent party in the same position (as far as monetary awards can do so) that it would have been in if the contract had not been breached.   If the contract is devoid of a liquidated damages clause, then the law would require the aggrieved party to prove the loss it suffered. In determining whether unliquidated damages should be awarded, the courts will look at: Causation – whether the breach caused the loss suffered by the aggrieved party; The remoteness of Damage – whether the loss arose naturally (and not remotely) as a result of the breach, and whether, at the time the contract was entered into, the party in breach contemplated or could have reasonably foreseen that such loss would result from the breach; and Mitigation of Loss – whether the aggrieved party took reasonable steps to mitigate or reduce its loss. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Quantifying Damages In determining the exact amount or quantum of damages, the courts look into expectation loss – the amount the innocent party would have gained if the contract had been properly performed – and reliance loss – the amount the innocent party spent in preparing to perform the contract. In some cases where there is no expectation loss or reliance loss, the aggrieved or innocent party does not lose anything. What happens is that the party in breach gains something wrongfully. The law would then use restitution as a basis to award damages against a party that had been unjustly enriched by its breach of a contract. Quantum Meruit This latin term may be translated as “as much as he deserves”. This claim may be successfully made by parties in the following situations: Where one party (often the innocent or aggrieved party) accepts the partial performance of a contract by the breaching party, it must pay for the partial work done because it has benefited from it. Where one party is prevented from fully performing its part of the bargain due to the actions of the other party; the prevented party deserves to be paid for work done. When a contract does not specify the amount that should be paid for services. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Specific Performance Specific performance is, put simply, an order of court requiring a party to do what they promised to do in the contract. As mentioned earlier, the courts have full discretion in these orders, and these orders are not made “as of right”. Further, specific performance is ordered only when damages are an inadequate remedy. However, specific performance, no matter how inadequate damages may be as a remedy, is not usually awarded if the performance would require supervision by the court. Orders for specific performance are typically awarded in cases where what is being sold or was promised is unique – like land, rare antiques and company shares. Injunctions Just like specific performance, injunctions are awarded only if damages are inadequate. Injunctions may be prohibitory or mandatory. Prohibitory injunctions prohibits the party at fault from breaching the contract. Mandatory injunctions, which are less common, order a party to carry out positive obligations to reverse a breach of contract that has already been committed. How can we help you Lawsuits in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  June 1, 2021
• Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Employment LawThings to Consider before SuingHere at Lions Chambers LLC, we advise our clients to commence civil litigation in the courts only if it makes commercial sense or if it has a reasonable prospect of succeeding. There are many factors we take into consideration. Limitation Periods Every now and then, we come across clients who’ve waited too long before approaching a lawyer. Their claims are barred by the law (specifically, the Limitation Act). If your claim is based on a contract or based on a tort (for example, breach of duty of care, defamation, harassment, negligence resulting in property loss, etc.), you have six years from the date your claim arose to file suit in the courts. However, if there was fraud involved in either a contractual claim or a tortious claim, you have six years from the date you discovered the fraud or the date you could have discovered the fraud with reasonable due diligence. If your claim is based on a personal injury you suffered (for example, as a result of a road traffic accident), you have three years from the date you suffered the injury or the date you had sufficient knowledge to commence legal proceedings in respect of a specific injury, whichever is later. If your claim is over a death caused by negligence, default or a wrongful act or omission, you have three years from the date of death to file a claim. We are able to advise you on the limitation period/s applicable to your claim/s if you are considering legal action. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Evidence Sometimes, life is just not fair. You may have the most rightful claim, but because you don’t have enough evidence, your claim is bound to fail in the courts, and you may have to resort to other methods to receive justice. The law and the judges can decide upon your case only based on verified evidence and not mere hearsay or rumours. In such cases, we assess the available evidence very carefully with our clients. Often, we advise our clients to consider negotiations and alternative solutions to receive their dues. Will you be found at fault too? You must be prepared for the possibility, in certain circumstances, that the opposing party may have a claim against you and may choose to file a counter-claim against you once they find out you have commenced legal proceedings against them. In a number of cases, especially contractual claims, both sides have grievances against each other and may choose to counter-claim against each other. If your case falls in such a category, you have to weigh your options and costs very carefully before deciding to take the plunge into civil litigation. Costs of Litigation Ask your lawyer for cost estimates for filing your claim in the civil courts. Think carefully about the legal fees and court fees involved and start doing your sums. It may not make sense to file your claim in the courts if the costs are too prohibitive. In addition, you must remember that even if you win, the losing party may not be able to pay you whatever the judge ordered him or her to pay you. We will advise you on the proper precautions and investigations to undertake to avoid this scenario as much as possible. And that’s not all. Even if you win, the losing side may not have to pay the fees you paid to your lawyer to make your claim. The courts in Singapore routinely make orders compelling the losing party to pay for only two-thirds or less of your lawyer’s fees. We at Lions Chambers LLC strive to be honest and upfront with our clients about costs so that they make the right decision over whether or not to mount a civil claim in the courts. Our costs are reasonable, transparent and fair. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Enforcement of Judgment Let’s assume you win your civil claim. The losing party may refuse to pay, hide their assets, transfer their assets overseas or even abscond and disappear. In such cases, you may have to file additional proceedings in the Courts to recover the sums the judge may have awarded you. These include garnishee proceedings, writs of seizure and sale, committal proceedings and examinations of judgment debtors. In certain circumstances, you may even have to take out special civil proceedings in the courts like Mareva Injunctions and Anton Piller Orders to enforce your claim. Alternative Dispute Resolution If costs are a factor and the opposing party is reasonable, alternative dispute resolution solutions like mediation are often a really good idea. Mediation aims to assist both parties to agree to an amicable settlement without the considerable time and money involved in civil litigation. We sincerely believe in reducing costs for our clients and keep it top of mind. We strive to negotiate and mediate before commencing legal proceedings. There are many other factors that you should consider before commencing civil litigation. Give us a call if you are considering whether or not you should sue someone. How can we help you Lawsuits in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 26, 2021
• Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Employment LawHow to get out of Bankruptcy in SingaporeThere are 4 ways of doing so. If you completely undertake any of these 4 methods, your name will be either completely and immediately removed from the bankruptcy register (and thus not searchable by the public), which an Annulment; or you will become an Undischarged Bankrupt, which means your name is still on the bankruptcy register and will be removed only after some time. Just pay off all your debts The first way seems the most obvious. However, you must take note that you must not only pay off all your debts but costs incurred in the bankruptcy as well. Once that is done, the Court or the Official Assignee will issue a Certificate of Annulment. And your name is then removed from the bankruptcy register. Apply to Court for an Order of Discharge You make a formal application to Court for a discharge with a supporting affidavit and serve both documents on the Official Assignee or the private trustee managing your affairs. The Court will consider the following non-exclusive list of factors in deciding whether or not to grant you a discharge: The amount of your debt; The cause of bankruptcy; How blameworthy were you for incurring the debt; Your domestic, financial and social circumstances; Your conduct; Your monthly financial contributions to the bankruptcy estate; Your cooperation (or otherwise) with the Official Assignee; Your interests (getting discharged) weighed against the creditors’ interests (repayment of debts); and Whether there have been any objections to your discharge. If the Court grants the order for discharge, you will officially be a discharged bankrupt. Your name will still be in the bankruptcy register for another 5 years (and all your debts have been fully repaid), though. If you still have not fully repaid your debts at the end of the 5 years, your name will be on the register permanently. Feel free to contact us should you need to make an application for discharge. We are ready to advise you further. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Official Assignee issues you a Certificate of Discharge  This method is not within your control. It is the Official Assignee who may discharge you, provided: At least 3 years have passed since the commencement of bankruptcy; Where the proven debts do not exceed S$500,000; You have either fully paid your target contribution, or are proven unable to do so due to extenuating circumstances (like death, or severe illness which prevents you from earning a meaningful income); and The applicable validity period has passed from the date of submission of your Statement of Affairs. The Official Assignee will consider a whole host of factors in deciding whether to discharge you, including: Whether you’ve met the Expected Dividend or Target Contribution; Whether you still have property which may be realized; How long you’ve been a bankrupt; The cause of bankruptcy; Your general conduct and cooperation in the administration of the bankruptcy; Whether you had committed any offence (for example, under the Bankruptcy Act; Insolvency, Restructuring and Dissolution Act; or Penal Code) leading up to or during the bankruptcy which adversely affected any creditor; and Whether there are valid objections from your creditors. If the Official Assignee does issue you with a Certificate of Discharge, your name will still be in the register for another 5 years. This becomes permanent if you are unable to fully pay your target contribution within the 5 years. At least 50% of your creditors who hold at least 85% of your total debt value accept your Repayment Proposal Your proposal must be formally tabled at a general meeting and accepted by at least 50% of the creditors who hold at least 75% of the total value of your debt. If the above is fulfilled, the Official Assignee will issue you with a Certificate of Discharge. As before, your name will be on the register for another 5 years. If you pay up before the 5 years, your name will be removed. If you don’t, your name will be there permanently. In some cases, you may be able to get all the creditors to agree to your proposal. In such a case, the Official Assignee will issue a Certificate of Annulment instead. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Bankruptcy can be very tough on you, your associates and your family. If you need advice on how to be discharged from bankruptcy, or how to go about undertaking one of the 4 methods outlined above, do contact us. We are more than willing to help. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 24, 2021
• Dispute Resolution, Uncategorized, WillsAdministration of an estate. The role of an executor In SingaporeAs the old saying goes, “you can’t take it with you.” As we grow older, it is natural to think about how we would like our property to be managed and distributed after passing on. Not only do we want to provide for our dependents and loved ones, but we also want to leave them with happy memories rather than unnecessary aggravation and conflict. Recent events surrounding challenges to the late Minister Mentor Mr Lee Kuan Yew’s last will and testament serve as a reminder of not only the importance of leaving behind a clear and well-written will but also having an impartial executor to carry out your wishes. You may be wondering, “what, exactly, is the problem?” Mr Lee Kuan Yew, throughout his lifetime, made a number of wills. One of the issues arising from these wills was what should be done with Mr Lee’s residence, 38 Oxley Road, as different wills contained different instructions as to Mr Lee’s intentions for the property. His sixth and final will indicated that Mr Lee wished for the property to be demolished after his death. After Mr Lee’s death in 2015, his three children, Prime Minister Lee Hsien Loong, Dr Lee Wei Ling, and Lee Hsien Yang, became the executor of the elder Mr Lee’s estate. Amid public calls to transform 38 Oxley Road into a national monument to Mr Lee, a dispute subsequently arose between the three executors of the late Mr Lee’s estate regarding the future of 38 Oxley Road. It is clear, then, that a well-written will and a careful choice of executor can make all the difference between leaving your loved ones with happy memories and leaving them with a messy family dispute.  Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What is an executor? The executor is the individual appointed in a will to distribute the deceased person’s property and pay his or her debts and expenses. An executor is also responsible for proving the validity of a will in court. When a person (the ‘testator’) writes a will, that person chooses other people (the ‘beneficiaries’) to inherit his or her property (or ‘estate’). However, the testator must also choose one or more ‘executors’ to administer and distribute his or her property upon his or her death. Usually but not always, the executor also acts as the ‘trustee’ over that property. This is someone who holds on to the deceased person’s property on behalf of beneficiaries who are under the age of 21. A trustee may also use or invest the deceased person’s money for their benefit. If the deceased person passes away without leaving a valid will, his or her next-of-kin can apply to the court for a Letter of Administration – a court order which enables the next-of-kin to administer the estate and distribute the deceased person’s property in accordance with Singapore’s laws. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Who should I appoint as my executor? Anyone over the age of 21, who is not bankrupt, can act as an executor. It is also possible to have a single executor or multiple executors. The maximum number is four. Because an executor can refuse to execute the will, it is important to obtain your chosen executor’s consent before you name him or her in your will. However, will makers often hire a professional executor, such as a lawyer, law firm or accountant, for reasons of impartiality and trustworthiness and because of the heavy workload required to administer and distribute assets. Hiring a professional executor is particularly important if you have a large or complicated estate. Because an executor can refuse to execute the will, it is important to obtain your chosen executor’s consent before you name him or her in your will. You may also wish to nominate several backup executors in your will in case any of your chosen executors become unable to fulfil their duties. While it is possible to choose one of your beneficiaries as an executor, it is not advisable to appoint one of the beneficiaries of your will to act as executor unless your will only has one beneficiary, such as your spouse. This is due to the potential for conflict of interest. What are the responsibilities of an executor? Acting as executor is an important duty. One of an executor’s main responsibilities is to apply to the court for a grant of probate (see below). Even though the executor is named in the deceased person’s will, a grant of probate is still required so that the executor can be appointed as the legal representative of the deceased person’s estate. Once this process is completed, an executor is also responsible for arranging the deceased person’s funeral according to his or her wishes expressed in the will. The executor is also responsible for making an accurate inventory of the deceased person’s property, settling the deceased person’s debts and other financial obligations, and distributing the deceased person’s property to the beneficiaries named in the will.   Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What is probate? Probate refers to the legal process of proving that a person’s will is valid and authentic after he or she has died. This must be completed before the executor can sell or distribute the deceased person’s property. The process usually lasts up to six months. Once it is completed successfully, the court will issue a document – known as a ‘grant of probate’ – which confirms the authenticity of the will. This document is required before the executor can sell or transfer the deceased person’s property. Because applying to the court for a grant of probate is complex, most executors appoint a probate lawyer to complete the process on their behalf. A different process is also required for Muslims. Because a Muslim estate must be managed based on Islamic inheritance laws, it is recommended that you consult with a probate lawyer who is familiar with Syariah law and can assist you in applying for probate. What if I do not appoint an executor? If the deceased person died without a valid will or if the executor is unable to perform his or her role (for example, because he or she has died or become bankrupt), the deceased person’s personal representative(s) must apply to the court for a ‘letter of administration’ so that they can be appointed as administrators of the deceased person’s property. This process is longer and more expensive than obtaining a grant of probate. Additional problems and delays can arise if family members disagree about who should administer. This is because, if there is no will, Singapore law gives first priority to the deceased person’s spouse, second priority to the deceased person’s children, third priority to his or her siblings and so on. All members of each of these classes have an equal right to apply to become an administrator of the deceased person’s estate. For example, if a deceased person has no living spouse but has three living children, all three of the children have an equal right to apply to administer their deceased parent’s estate. The eldest child does not have priority over the other two.  These problems can be easily solved by writing a valid will that clearly names your executors. How can we help you Bankruptcy in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Bankruptcy in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 21, 2021
• Divorce, Family LawFinancial issues to be considered before filing for divorceThere are two main ways in which you and your spouse will be affected financially as a direct result of divorce: first, in relation to how your matrimonial assets will be divided; and second, in relation to any maintenance payments the court may order you or your spouse to make.There are several issues to consider that may make a significant impact on the two identified ways you may be affected financially by the divorce. This article briefly elaborates upon the financial issues that you should contemplate before filing for divorce. What exactly constitutes matrimonial assets? Subsequent to the court granting a judgement of divorce, the court will also order the division of matrimonial assets between the parties. The following categories of assets will be considered matrimonial assets and might be subject to division by the courts after a divorce:Any asset acquired before the marriage by you or your spouse that is ordinarily used or enjoyed by you, your spouse or your children while you are residing together for shelter, transportation, household, education, recreational, social or aesthetic purposes;Any asset acquired before the marriage by you or your spouse which has been substantially improved upon during the marriage by the other party or by both you and your spouse; and Any other asset of any nature acquired during the marriage by either you or your spouse. Matrimonial assets do not include assets that have been acquired by you or your spouse by gift or inheritance and have not been substantially improved upon during the marriage by the other party or by both you and your spouse other than the matrimonial home. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Common examples of assets that are considered to be matrimonial assets: The matrimonial home;The family car;Cash savings;CPF funds;Insurance policies;(this is a non-exhaustive list) The Division of Matrimonial Assets You and your spouse may decide between yourselves on how the matrimonial assets are to be divided through a pre-trial conference. Alternatively, you may let the courts decide how to divide the matrimonial assets. If you and your spouse elect to let the courts decide how the assets are to be divided, the courts will be required to make a decision that is just and equitable, taking into account several factors, including direct and indirect contributions such as: The extent of the contributions made by both you and your spouse in money, property or work towards acquiring, improving or maintaining the matrimonial assets; Any debt owed or obligation incurred by you or your spouse for the benefit of both you and your spouse, or for your children; Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The needs of your children; The extent of the contributions made by both you and your spouse to the welfare of the family, such as looking after the home or caring for aged or infirm relatives or dependants; Any agreements made between you and your spouse concerning the ownership and division of matrimonial assets made in contemplation of divorce; Any period of rent-free occupation or other benefit enjoyed by either you or your spouse in the matrimonial home to the exclusion of the other party; and Any giving of assistance or support by you or your spouse to the other party, whether material or not, such as giving assistance or support for the other’s occupation or business.In short marriages, the direct contributions (such as financial contributions) of the parties tend to outweigh the indirect contributions of the parties. However, in a long marriage, indirect contributions could greatly affect the determination of the division of the assets. For example, even if the husband makes a greater financial contribution than his wife, if the wife’s indirect contribution far exceeds that of the husband, the wife could possibly get a larger portion of the matrimonial asset. The court may make any of the following orders, including: Selling of matrimonial assets and dividing the proceeds between you and your spouse; Vesting any matrimonial asset in either you or your spouse; Postponing the sale or vestment of any share in a matrimonial asset until a specific condition as determined by the court is fulfilled;Granting a party the right to personally occupy the matrimonial home for a specified time, to the exclusion of the other party; or Ordering one party to pay a sum of money to the other. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Spousal Maintenance Subsequent to the court granting a judgement of divorce, the court may also order one party to pay the other party maintenance, whether in a lump sum or in periodic payments, as the court sees fit.It should be noted that in Singapore, only the wife and children are generally entitled to maintenance. A husband is only entitled to maintenance if he has, during the marriage, become incapacitated from earning a livelihood by any physical or mental disability or illness, and is unable to maintain himself. In deciding how much maintenance is to be paid, the court will consider the circumstances of the case, including: The income, earning capacity, property and other financial resources both you and your spouse have or are likely to have in the foreseeable future; The financial needs, obligations and responsibilities both you and your spouse have or are likely to have in the foreseeable future; The standard of living enjoyed by your family prior to the breakdown of the marriage; The age of both you and your spouse, and the duration of the marriage; The presence of any physical or mental disability of either you or your spouse; The contributions made by both you and your spouse to the welfare of the family; and The value to either you or your spouse any benefit, such as pensions, that you or your spouse might lose the chance of acquiring by reason of the dissolution or annulment of the marriage. In general, the court will try to place both parties in the financial position in which both parties would have been if the marriage had not broken down and each party had properly discharged his/her financial obligations and responsibilities towards the other. In addition, the court will be guided to do what is best for both the parties and the children of the marriage. How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 20, 2021
• Bankruptcy, Debt Recovery, Dispute ResolutionCosts and Process to bankrupt someoneBankruptcy can be filed by either a debtor or creditor if a person cannot repay debts of at least $15,000. For creditors, they can file in Court to make a debtor bankrupt if they believe that the debtor can repay the debts owed to them. Should you find yourself in the situation of a creditor, what can you do? And how much would it cost? This article aims to address the many questions a creditor may have to make an informed decision as to whether to apply to Court to bankrupt a debtor. The Process of Bankruptcy When a debtor is declared bankrupt, his or her assets shall be realised into proceeds to be placed in the bankruptcy estate for distribution by an Official Assignee, who is a public servant and an officer of the Court and works closely with the officers at the Insolvency Office. They are typically appointed by the High Court to be trustees of bankruptcy estates. However, should a petitioning creditor wish to request for a private trustee to administer the bankrupt’s affairs, the Court has the powers to do so. The role of an Official Assignee is to act as a receiver of the bankrupt’s estate, whereby a bankruptcy estate shall be managed or overseen by an Official Assignee. The role of an Official Assignee also encompasses consulting with creditors, as far as practicable, as to how the bankrupt’s estate ought to be managed. Further, an Official Assignee’s role encompasses the following:- To investigate and manage the conduct and affairs of the bankrupt; To recover and realise the bankrupt’s assets for distribution to the bankrupt’s creditors; and To assist a bankrupt in relation to discharging from bankruptcy, should the Official Assignee be satisfied that the bankrupt’s conduct has been satisfactory and monthly contributions have been promptly paid. After one is declared bankrupt, there will be a Bankruptcy Order given. The bankrupt will then be required to attend at the Official Assignee’s office within 21 days of the Bankruptcy Order given. The Official Assignee will then inform the bankrupt of his or her duties and responsibilities as a bankrupt, and a Statement of Accounts that records all assets and liabilities ought to be provided to the Official Assignee. The bankrupt also has the duty to disclose to the Official Assignee all of the property disposed of prior to bankruptcy. A monthly contribution plan shall be put in place after discussion with the Official Assignee. If a bankrupt is able to pay off the target contribution that is decided by the Official Assignee, he or she may be discharged from bankruptcy. A bankrupt also has to seek prior consent from the Official Assignee if he wishes to commence or continue a court action for damages or compensation for wrongful acts or personal injuries. However, for any action beyond that above-mentioned, a bankrupt is not permitted to commence or continue an action. Further, one should note that a bankrupt’s name shall be listed in the bankruptcy register in Singapore, which makes the bankrupt’s name searchable by anyone in public, with a payment of the fee. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Is “Unable to Pay Debt”? A debtor is deemed unable to repay the debt if: The debtor has failed to repay the debt for at least 21 days and therefore failing to comply with a statutory demand; The debtor failed to repay the debt and therefore failing to comply with a court-issued execution; To avoid repayment of the debt, the debtor has escaped the country; or The Official Assignee certifies that the debtor is unable to repay the debt. Can I Sue Someone After Making Them Bankrupt? In short, no. After a bankruptcy order has been made against a debtor, creditors are not permitted to commence legal proceedings in respect of debt recovery against the bankrupt. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Much Does It Cost For File For Bankruptcy? A deposit of $1,850 is required to be paid to the Official Assignee by the creditor or debtor to administer to the debtor’s estate, should one wish to file for bankruptcy. Should the bankruptcy application filed by the creditor be successful, the creditor may be able to recover his debt in its entirety, If there are sufficient funds in the bankruptcy estate. Should the bankruptcy application be successful, the deposit of $1,850 shall not be refunded to the applicant, i.e. the creditor or debtor. However, if the bankruptcy application is deemed dismissed or withdrawn, the Official Assignee shall refund the sum of $1,800 to the applicant, with $50 deducted for administrative costs. It should be noted that if one hires a lawyer to draft such a bankruptcy application, one shall incur legal professional fees, in addition to the deposit amount of $1,850. However, as the paperwork for the application can be rather voluminous or tedious, and for the sake of ensuring the application is not filed wrongly, it may be best the engage lawyers to draft and file the application. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Can I engage a lawyer to help me? Should you decide to engage a law firm, your lawyer may issue a Statutory Demand to the debtor in order to recover the debt. That is where we come in. The Statutory Demand will form part of the process should you decide to initiate legal proceedings. If the debtor fails to respond to the Letter of Demand, you may want to obtain a court judgement and enforce the collection of debt in court. How can we help you Bankruptcy in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Bankruptcy in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 19, 2021
• Divorce, Family LawAdultery as a “ground” for divorceTo get a divorce in Singapore, you will have to prove that there has been an irretrievable breakdown of the marriage. Should your spouse have committed adultery, such that you find it intolerable to live with your spouse, and you are able to adduce evidence of said adultery to the court, the court may be persuaded that there has been an irretrievable breakdown of your marriage, and thus grant a divorce. It should be stated that generally, any voluntary extramarital sex involving some penetration during the sexual encounter would constitute adultery, whether the adultery was with a person who was also married or not. This is somewhat different from the consummation of marriage, which requires ordinary and complete intercourse, as opposed to partial and imperfect sexual intercourse. In principle, adultery can also involve the adulterer engaging in homosexual acts, which are also likely to constitute “unreasonable behaviour” for the purposes of divorce. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now It should be noted that if your spouse had been raped, your spouse has not committed adultery. In addition, should your spouse have been coerced into extramarital sex through fear or duress, the court will not consider that to be adultery? However, the extent to which the court will not hold your spouse responsible for his/her conduct leading to extramarital sex is not unlimited. For example, should your spouse carelessly allow his or herself to become so intoxicated that he/she loses the capacity to decide whether or not to participate in extramarital sex, the court may have room to consider your spouse’s blameworthiness in determining whether or not such circumstances amount to adultery? The courts will usually require the adulterer to pay the court fees involved should that person lose in the divorce proceedings. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How to prove adultery Adultery can be proved if your spouse confesses to the commission of adultery. However, it is possible that your spouse will be unwilling to confess to the commission of adultery. In such circumstances, should you wish to base your divorce application on your spouse’s adultery, you may have to secure irrefutable proof of such an act or that your spouse has an inclination and the opportunity to commit such an act. Such evidence may, for example, include video evidence of your spouse committing the act of adultery or photographs of your spouse in intimate contact with another person. In the alternative, correspondence in the form of text messages, email, or phone conversations between your spouse and the person your spouse is committing the adultery with can also serve as evidence of adultery. Finally, the existence of a child by your spouse and another party would serve as strong evidence that your spouse has committed adultery. Securing such evidence may be difficult, especially by yourself, and you may wish to engage the services of a private investigator to aid you with doing so. When will adultery not serve as a “ground” for divorce? Under section 95(5)(b) of the Women’s Charter (Cap 353), should you have continued to or be continuing to live with your spouse for a period exceeding six months after you came to be aware of your spouse’s act of adultery, you will no longer be entitled to rely on that act of adultery for the purposes of proving an irretrievable breakdown of your marriage. In addition, should you be the person who committed adultery, you cannot rely on your own act of adultery to serve as evidence of the irretrievable breakdown of your marriage. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 18, 2021
• Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Employment Law, TenancyHow to Recovery Debts in SingaporeHave you lent a sum of money to a friend or relative through an IOU but have yet to receive the money-back? Or have you provided a business service or goods to a client, and they have yet to make the payment. You have asked and asked, but all to no avail. What will you do next? This article will aim to help you out if you are ever in this situation. Who’s the Debtor? First, you will first need to know who the debtor is. What this means is that you will need to know who this person is before you can start claiming any fees. You will need to ask yourself whether this person has any other outstanding debts valued at more than $15 000.00 or if they are currently under filing for bankruptcy. This information will be helpful for you as bankruptcy carries personal restrictions on the debtor, and they may be encouraged to pay up the money that they owe to you. What Assets Does Your Debtor Possess? You will then need to know of your debtor’s assets when pursuing an action of repayment. Hiring a good lawyer will give you a better assessment of your debtor as they can conduct checks on your behalf. Things like whether they are employed, their income, any valuable assets can be helpful in determining if your debtor can repay your money. What happens then if the debtor is broke without any money? They will not have any cash or assets to repay their debts. In this situations, you would be better off not pursuing legal action and instead negotiate a payment plan with them instead. Getting to pay 10 per cent of their salary over a certain number of months, for example, would be more cost-effective than pursuing the matter in a Court of Law. Of course, do consult a good Singapore lawyer that is trained in debt recovery matters before deciding on a course of action. How long Does an IOU last? If the IOU states a repayment date, you will have six years from the stipulated repayment date to commence legal proceedings. If there is no repayment date stated, the six-year time limit will start from the date when the cause of action began. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Should I Hire a Debt Collector? Depending on the actions taken by the debt collector, it may turn out to be illegal for them to chase the debtor for your money. Their efforts may come off as harassment. Although there are no laws regulating debt collection, they are still susceptible to criminal charges if found to have committed as such. Conduct such as banging on their door and shouting vulgarities, though maybe standard debt collecting practices, is against the law. To use threatening, abusive or insulting words or behaviour with the aim of causing alarm to the debtor or causing them to believe that immediate unlawful violence will be used against them is a crime. Spray painting “owe money pay money” on their property will constitute vandalism, and the debt collectors will also be charged accordingly. You must note the legal ramifications when dispatching a debt collection agency to retrieve your money as it may implicate you if your debtor reports you to the authorities or even sue you if they are aware that you were behind the harassment. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Will A Lawyer Do?   Letter of Demand Your lawyer will assist in drafting out a Letter of Demand. This letter will state the amount of money that is owed to you, and that payment must be made before a particular time. A Letter of Demand is usually sent to warn the debtor that you will commence legal action unless payment is made. This may potentially save you a good amount of your money by avoiding litigation if the debtor complies. The letter of Demand can also be used as evidence in a Court of Law that you had attempted to settle the matter prior to the Court hearing. Filing a Suit at the Small Claims Tribunal Your lawyer can also assist you in obtaining an order of tribunal from the Small Claims Tribunal if the dispute does not involve anything of value greater than $20,000. The Small Claims Tribunal will order monetary payments to be made by the debtor. If they are unable to pay, then you will have to take up separate enforcement proceedings against them. In the event that the debt owed exceeds $20,000, the matter will become a civil claim. A writ of summon will be sent out to the debtor to appear in court. Enforcement If the debtor refuses to comply or plays hardball and that they appear to possess sufficient assets of value, enforcement can still occur. The most common enforcement method adopted by most lawyers is the issue of a writ of seizure and sale. This will authorize the bailiff to seize and sell movable property belonging to the debtor and pay off their debt to you. There are other methods available as well, such as garnishee proceedings or the issuance of a writ of delivery, to name a few. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now   Can I engage a lawyer to help recover my debt? Should you decide to engage a law firm, your lawyer may issue a Letter of Demand to the debtor in order to recover the debt. While it is not compulsory for the Letter of Demand to be drafted by a lawyer, it is better to engage one in order to demonstrate your readiness to seek legal redress. That is where we come in. The Letter of Demand will form part of a paper trail that will include messages as well as letters sent to the debtor, should you decide to initiate legal proceedings. If the debtor fails to respond to the Letter of Demand, you may want to obtain a court judgement and enforce the collection of debt in court. How can we help you Debt recovery is a delicate issue, and the documents required to process the actions to be taken may be too technical and complex for you to understand fully. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore debt recovery proceedings. We will guide you through and explain to you each and every stage of your case. We understand that going through such an event is difficult. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 17, 2021
• Divorce, Family LawDesertion as a “ground” for divorceTo get a divorce in Singapore, you will have to prove that there has been an irretrievable breakdown of your marriage. Should you be able to adduce evidence that your spouse has deserted you, the court may be persuaded that there has been an irretrievable breakdown of your marriage, and thus grant a divorce. What is desertion? Desertion, for the purposes of divorce proceedings, is the abandonment of one person by his or her spouse against his or her wishes. To get a divorce on the basis that your spouse has deserted you, you will have to prove to the court that you have been deserted for a continuous period of at least two years immediately before filing for your divorce. This period of desertion can be interrupted by periods when you and your spouse continue to live together, for up to a total of 6 months of living together. However, these periods of living together will not count towards the two years of desertion required by the courts. How to prove that your spouse has deserted you To prove that your spouse has deserted you, you will have to prove that: you and your spouse have been living in separate households for a continuous period of two years; and your spouse must have had the intention to desert you. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Desertion requires that your spouse has shattered the common household that you and your spouse share, such that the two of you live in two separate households. While it is vastly more common for desertion to involve physical separation rather than not, physical separation of you and your spouse’s households may not necessarily be required, as “desertion is not withdrawal from a place, but from a state of things”. It should also be noted that even couples who live in separate homes but spend the bulk of their days together can still be considered as living in the same household. You will also need to adduce evidence that your spouse had the intention to desert you. This intention can also be understood to be one where your spouse intends to bring your matrimonial union permanently to an end. Your spouse will not be considered to have an intention to desert, notwithstanding the fact that you are physically separated from your spouse, if the physical separation was required by your spouse’s personal circumstances. For example, your spouse would not be considered to have the intention to desert you if he or she has to live overseas for work or education. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Similarly, your spouse must not have left your shared household because of your behaviour. If you gave your spouse good cause for your spouse to leave your shared household, your spouse will not be considered to have deserted you. In fact, your spouse may well be able to turn the tables on you and contend that you, by your grievous conduct, was the one who expelled your spouse, and thereby committed “constructive desertion”. It should also be noted that this intention has to be non-consensual, i.e. you and your spouse cannot mutually agree to live separately so as to get a divorce on the basis of desertion. Should both you and your spouse mutually wish to live apart from each other and get a divorce on that basis, your divorce would have to be based on separation instead. The fine line between separation and desertion is the intention of one party to the marriage to desert the other. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 14, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Defamation, Dispute Resolution, Employment LawRecovering Money From PeopleHave you lent a sum of money to a friend or relative through an IOU but have yet to receive the money back? Or have you provided a business service or goods to a client and they have yet to make the payment? You have asked and asked but all to no avail. What will you do next? This article will aim to help you out if you are ever in this situation.   Who’s the Debtor? First, you will first need to know who the debtor is. What this means is that you will need to know who this person is before you can start claiming any fees. You will need to ask yourself whether this person has any other outstanding debts valued at more than $15, 000.00 or if they are currently under filing for bankruptcy. This information will be useful for you as bankruptcy carries personal restrictions on the debtor and they may be encouraged to pay up the money that they owe to you.   What Assets Does Your Debtor Possess? You will then need to know of your debtor’s assets when pursuing an action of repayment. Hiring a good lawyer will give you a better assessment of your debtor as they can conduct checks on your behalf. Things like whether they are employed, their income, any valuable assets can be useful in determining if your debtor can repay your money. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What happens then if the debtor is broke without any money? They will not have any cash or assets to repay their debts with. In this situations, you would be better off not pursuing legal action and instead, negotiate a payment plan with them instead. Getting to pay 10 per cent of their salary over a certain number of months for example would be more cost-effective than pursuing the matter in a Court of Law. Of course, do consult a good Singapore lawyer that is trained in debt recovery matters before deciding a course of action.   How long Does an IOU last? If the IOU states a repayment date, you will have six years from the stipulated repayment date to commence legal proceedings. If there is no repayment date stated, the six-year time limit will start from the date when the cause of action began.   Should I Hire a Debt Collector? Depending on the actions taken by the debt collector, it may turn out to be illegal for them to chase the debtor for your money. Their actions may come off as harassment. Although there are no laws regulating debt collection, they are still susceptible to criminal charges if found to have committed as such. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conduct such as banging on their door and shouting vulgarities, though maybe standard debt collecting practices are against the law. To use threatening, abusive or insulting words or behaviour with the aim of causing alarm to the debtor or causing them to believe that immediate unlawful violence will be used against them is a crime. Spray painting “owe money pay money” on their property will constitute as vandalism and the debt collectors will also be charged accordingly.   You must note the legal ramifications when dispatching a debt collection agency to retrieve your money as it may implicate you if your debtor reports you to the authorities or even sue you if they are aware that you were behind the harassment.   What Will My Lawyers Do?   Letter of Demand Your lawyer will assist in drafting out a Letter of Demand. This letter will state the amount of money that is owed to you and that payment must be made before a certain time. A Letter of Demand is usually sent to warn the debtor that you will commence legal action unless payment is made.   This may potentially save a you good amount of your money by avoiding litigation if the debtor complies. The letter of Demand can also be used as evidence in a Court of Law that you had attempted to settle the matter prior to the Court hearing. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Filing a Suit at the Small Claims Tribunal Your lawyer can also assist you, from behind the scenes, in obtaining a Judgement from the Small Claims Tribunal if the claim sum is below $20,000. This Judgement will order monetary payments to be paid to you. If the debtor is unable to pay, then you will have to take up separate enforcement proceedings against them. Enforcement Proceedings If the debtor refuses to comply or plays hardball, and that they appear to possess sufficient assets of value, enforcement can still occur. The most common enforcement method adopted by most lawyers is the issue of a writ of seizure and sale. This will authorize the bailiff to seize and sell movable property belonging to the debtor and pay off their debt to you. There are other methods available as well such as garnishee proceedings or the issuance of a writ of delivery to name a few. How can we help you Debt Recovery in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 13, 2021
• Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Employment LawDebt Collectors in SingaporeIt is no wonder that personal debt is on the rise, with Singapore once again being crowned the most expensive city in the world for seven years straight. The mean average debt of a Singaporean household is about S$55,000 as banks see more people taking out loans to fund hefty purchases like cars, houses or university education. However, a problematic debt arises when consumers struggle to make repayments. If you find yourself in a situation with a debtor who keeps making delayed payments or is unable to make repayments, the lawyers at Lions Chambers LLC can assist you in exploring available options.   Should I engage a debt recovery agency? Usually, debtors and creditors will attempt to settle repayment issues on their own through mediation or discussion. However, the involvement of a third party, such as a lawyer or debt collection agency, can also be an effective way to recover a debt without straining relationships between friends or family. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What constitutes unreasonable behaviour? The Credit Collectors Association of Singapore (CCAS) has developed a code of conduct and a series of guidelines for member agencies. If debtors experience aggressive debt collectors they may file a formal complaint and begin dispute resolution proceedings. However, some debt collectors from agencies not part of the CCAS are known to resort to intimidation, threats, stalking or even vandalising a debtor’s property. This is prohibited under the Protection from Harassment Act and the Penal Code. The following is a detailed list of commonly encountered behaviour that is prohibited:   Causing injury It is illegal for debt collectors to inflict harm on debtors. This includes anything from hitting the debtor with a fist to injuring the debtor with a weapon. If found guilty with intention to cause hurt, the offender may face up to 2 years imprisonment, a fine of up to $5000 or both. If the injuries caused are of a more serious nature (“grievous hurt”), debt collectors may be found guilty of voluntarily causing grievous hurt and as such face up to 10 years’ imprisonment, and a fine or caning. “Grievous hurt” is defined under section 320 of the Penal Code (Chapter 224) and includes injuries that cause death, permanent disfiguration of the face or head, fractures or bone dislocations and rape resulting in severe bodily pain.   Vandalism Debt collectors are not allowed to commit vandalism, such as the splashing of paint, writing on the walls, pasting of collection notices or handing of banners on the debtor’s property. If convicted under the Vandalism Act, first time offenders may face a fine of up to S$2000 or imprisonment of up to 3 years which can involve caning. If not charged under the Vandalism Act, debt collectors can still be charged under the Miscellaneous Offence (Public Order and Nuisance) Act. Under section 11, notices affixed to a building or a wall constitutes a ‘nuisance’, debt collectors may face a fine of up to $1000. If property has been damaged, resulting in decreased value or usefulness of the property, debt collectors can be punished for mischief under the Penal Code. An example of this is the case of Michael Fay hat hit the global headlines back in 1994. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Threats or intimidation Debt collectors are not allowed to make threats or intimidate debtors into paying. It is important to note that threats made need not necessarily be verbal. Should debt collectors cause distress or alarm by using profanities, splashing paint, making threatening gestures or sending threatening messages online, it could constitute harassment under the Protection from Harassment Act. If threats to injure the debtor or destroy his assets are made, the debt collector can also be charged under the Penal Code for criminal intimidation.   Unlawful Stalking Unlawful stalking is committed when debt collectors continuously follow or repeatedly harass the debtor, causing alarm or distress. To be charged, there must be intention or knowledge to cause harassment, alarm or distress to the victim. Recurrent following of the debtor to and from his workplace or house may be considered unlawful stalking, as will the repeated taking of photos or recordings of the debtor. Unlawful stalking can also be done in electronically when debt collector ceaselessly sends emails to the debtor. As long as there is a repeated occurrence of such behaviour, it is possible to prove that unlawful stalking has taken place. The prevalence of the incident, together with the gravity of distress, will help the court determine if the offence has been committed. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Unlawful assembly In certain circumstances, debt collectors showing up in groups of five or more can constitute an unlawful assembly. This includes situations where the group resorts to the use of criminal force, disrupts operations, attempts to remove the debtor’s belongings and harasses or prevents the debtor from leaving the premise. The penalty for being part of an unlawful assembly and taking part in their activities is a maximum imprisonment term of up to two years, a fine or both.   It is clear that while debt collectors’ conduct is not yet subject to a specific set of regulations, they still are not entitled to do as they please. Debt collectors need to abide by laws that apply to the ordinary citizen and failure to do so may result in persecution. That is why it is important to engage a trustworthy debt collection agency that will recover the debt legally if this is your preferred option. If they send debt collectors that partake in the various aforementioned unreasonable conduct, it can prolong the debt recovery process and result in a fruitless waste of money.   Can I engage a lawyer to help recover my debt? Should you decide to engage a law firm, your lawyer may issue a Letter of Demand to the debtor in order to recover the debt. While it is not compulsory for the Letter of Demand to be drafted by a lawyer, it is better to engage one in order to demonstrate your readiness to seek legal redress. That is where we come in. The Letter of Demand will form part of a paper trail that will include messages as well as letters sent to the debtor, should you decide to initiate legal proceedings. If the debtor fails to respond to the Letter of Demand, you may want to obtain a court judgement and enforce the collection of debt in court. How can we help you Debt Recovery in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 12, 2021
• Bankruptcy, Corporate Law, Debt Recovery, Defamation, Dispute Resolution, Employment LawCan you sue a company director for a company’s debts?Generally, the answer is no. The whole purpose of incorporating a company is to create a new legal entity – if the company owes money or found liable for something, only the company’s assets may be tapped into to repay the debt or pay damages, not the directors’ assets.   However, as shown below, some circumstances exist where you can make a company director personally liable for a company’s debts:   ‘Piercing the corporate veil’   A creditor or a group of creditors may apply to court to ‘pierce the corporate veil’ and make a director personally accountable and liable when: They can prove to the Court that the director abused the company’s corporate form and its limited liability protection at the creditors’ expense. This normally works in sham transactions where the director quite quickly cashes out the company’s funds to ensure that the creditors do not get hold of it. It also requires a high degree of proof. They can prove to the Court that the director used the company’s assets like his own, using it for his own personal use in an arbitrary manner as and when it suited him, sometimes even without passing board resolutions. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Liability under the Companies Act Section 145(10) of the Companies Act – if shareholders knew that the company operated without a Singapore-resident director for 6 months or more, they may be made personally liable for company debts incurred after the 6-month period. Section 144(2) of the Companies Act – if a director or shareholder signs off on a document creating a payment obligation on the company but the company’s name is not mentioned at all (for example, bills of exchange, promissory notes and other negotiable instruments), and the company fails to make payment, the director or shareholder may be made personally liable for the debts. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The director is a guarantor or co-borrower of a loan the company took out Most loans where there are co-borrowers or guarantors are drafted in such a way that both (or all) of the borrowers are jointly and severally liable in case there are defaults on the loan repayments. Similarly, guarantees are drafted in such a way that guarantors become personally liable when the borrower/s default on repayments. It also does not matter that the co-borrower was the company, that the director purportedly acted in the best interests of the company in agreeing to be a co-borrower or guarantor – the law still works to place personal liability on the director as a co-borrower or guarantor of the company’s loan. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Debt Recovery in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Or if your company has an errant director who is using the company assets for his own personal gain in violation of his duties to the Company, or you are a director who is now being threatened with legal action for some transactions you may have undertaken on its behalf, do give Lions Chambers LLC a call. We’re here to help. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 11, 2021
• Divorce, Family LawDivorce -Unreasonable behaviour as a “ground” for divorceTo get a divorce in Singapore, you will have to prove that there has been an irretrievable breakdown of the marriage. Should you be able to adduce evidence that your spouse has behaved in such a way that you cannot reasonably be expected to live with your spouse, the court may be persuaded that there has been an irretrievable breakdown of your marriage and thus grant a divorce. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What is “unreasonable behaviour”? While what constitutes unreasonable behaviour is subjective and rather broad, such behaviour can be an act or a failure to act, active or passive, what is essential that you cannot be reasonably expected to continue living with your spouse as a result of your spouse’s behaviour. When the court determines whether your marriage has irretrievably broken down because of unreasonable behaviour, it will first look at whether you subjectively find it intolerable to live with your spouse. The court will not take into account whether or not you have reasons for having such an attitude. The court will then look at the behaviour of your spouse, including any active or passive act or failure to act, to determine whether it is unreasonable for you to continue to live with your spouse. While these acts or failures to act must affect the marriage, it does not necessarily need to be directed towards you. Such behaviour can also be directed towards family members or even people outside the family. In addition, while maliciousness on your spouse’s part does matter to the court, it is not necessary for you to show that your spouse acted the way he or she did maliciously. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Your spouse’s unreasonable behaviour need not stem from a single act. The court can also make a determination that your spouse had behaved unreasonably if he or she had committed a whole series of actions that, when looked at individually, may not seem unreasonable, but when looked at cumulatively, would be unreasonable. It should, however, be noted that it is not enough for you and your spouse to no longer have anything in common, or that you cannot communicate, or that one of you is bored with your marriage. The unreasonable behaviour must go beyond merely the state of mind or state of affairs. In addition, should the court determine that your spouse has acted unreasonably, it does not necessarily follow that your spouse is guilty of any misconduct. What the court determines during the divorce proceedings only concerns whether or not the divorce should be granted. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Examples of unreasonable behaviour While what constitutes unreasonable behaviour is subjective, some examples may include (but are not limited to): Domestic violence; Domestic abuse; Substance abuse; Compulsive gambling issues; Constant late nights or working too many hours; and Significant periods of deprivation of sex. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion Given that there are no hard and fast rules as to what would constitute “unreasonable behaviour”, should you wish to obtain a divorce founded on your spouse’s unreasonable behaviour, you may want to engage an experienced lawyer who can advise you on your divorce.   How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 10, 2021
• Divorce, Family LawThe difference between contested and uncontested divorce in SingaporeDivorce proceedings will differ based on whether or not the divorce is contested. A divorce is uncontested if both parties to the divorce have come to an amicable agreement privately. On the other hand, a divorce is contested when the court has to resolve key issues to the divorce. Given that the resolution of issues has to be dealt with at trial and that the parties involved will have to be cross-examined by the court, contested divorce proceedings can be lengthy. Hence, it will take longer for an interim judgement of divorce to be granted for a contested divorce as compared to an uncontested divorce. In the same vein, due to the differences in complexity and time required, contested divorces will usually be significantly more costly relative to uncontested divorces. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The sequence of events for an uncontested divorce A divorce is uncontested when the parties to a marriage have reached an agreement on all the issues in relation to the marriage and the dissolution of it. Generally, ancillary matters, such as the division of matrimonial assets, maintenance and the custody of children, are expected to be resolved as well. The Plaintiff (the person filing for divorce) will first have to file the necessary documents. The Plaintiff will first have to serve the Writ of Divorce, Statement of Claim and Statement of Particulars onto the Defendant. Within 8 days of service of the Writ of Divorce, the Defendant may then file a Memorandum of Appearance stating that he or she agrees to the divorce. If the court is satisfied that there has been an irretrievable breakdown of the marriage under section 95 of the Women’s Charter, the court may dispense with the attendance of the parties and allow proceedings to take place in the judge’s chambers. However, if the court is unsatisfied with the above, the court may require parties to attend open court hearings. Section 105 and 106 of the Women’s Charter identifies the grounds on which a marriage would be held to be void or voidable. Uncontested matrimonial proceedings based on these provisions will be held in open court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If the parties have agreed on certain ancillary matters, they can also file an Agreed Parenting Plan and Agreed Matrimonial Property Plan as well. The Agreed Parenting Plan may be filed if the parties to the marriage have come to an agreement on the care and custody of their children under 21 years of age, while the parties may file for an Agreed Matrimonial Property Plan if they have reached an agreement concerning their matrimonial HDB flat. If the parties reach an agreement on all ancillary matters, a Draft Consent Order may be filed. The judge hearing the matter will then decide whether or not to grant the divorce based on the evidence submitted by both parties to the divorce. Should the judge be satisfied that the grounds for granting the divorce have been met, the judge will grant an Interim Judgement of Divorce, which will be made final only after at least three months have passed since the granting of the Interim Judgement of Divorce. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The sequence of events for a contested divorce A divorce is contested when the court has to decide on issues that cannot be resolved amicably by the parties. For the court to make such a determination, both parties will have to appear in court to provide evidence in support of their respective cases. Such issues can include matters concerning whether the divorce itself should be granted, issues of child custody, child visitation rights, the division of matrimonial assets, and the like. If the Defendant wishes to contest the Writ of Divorce, he or she will have to file a defence and serve it on the Plaintiff within 22 days of the service of the Writ of Divorce. Failing to do so will allow the Plaintiff to set down the Writ for trial as an uncontested divorce. If a defence is filed, the Plaintiff will have to file a reply to the defence and his or her counterclaim within 14 days of the service of the defence. Prior to an uncontested divorce proceeding to a hearing, the parties have to take part in a Pre-Trial Conference to determine if some of the issues in contention can be resolved or any of the contested areas be narrowed. Some cases may also need to undergo mediation for similar purposes. Should the Pre-Trial Conference or mediation be unsuccessful in resolving all contested aspects of the divorce, a date for the hearing will be set. Should the issues in contention concern ancillary matters, the parties will also have to file Affidavits of Assets and Means. During the hearing, the parties will have their affidavits be examined and be cross-examined themselves. The process may extend for several days and maybe physically or mentally wearying for all parties involved. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Conclusion of the divorce proceedings A divorce will only be made final after at least 3 months have passed since the granting of the Interim Judgement of Divorce and all the ancillary matters have been resolved. It is only after the Certificate of Making Interim Judgment Final has been issued by the courts will the divorce be confirmed and all court proceedings are concluded. It is only at this point that parties may elect to remarry. How can we help you Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  May 7, 2021
• Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, UncategorizedIs Someone Throwing Dirt on Your Name? How to Deal with Defamation?Being the target of spiteful comments on the media is hurtful and infuriating. The spotlight is on you, and your reputation is on the line. It’s especially frightening and harmful if what’s said about you is untrue. There are laws in Singapore that protect you from such disrespect. But first, how does the law define defamation? Defamation is classified as a criminal offence under Section 499 of the Penal Code; it is codified as “words either spoken or intended to be read, or by signs, or by visible representations, or any imputation concerning any person, intending to harm… is said to defame that person.” In other words, it is the action of ruining the good reputation of a person, company, product or nation. Defamation also includes libel (written words) and slander (spoken words). Both libel and slander give the victim the right to hire a lawyer and sue. The Checklist In order to sue for defamation, three conditions that must be satisfied.  The statement in question must be false and defamatory.  A statement is defamatory if it lowers the victim’s reputation and causes his social suffering (e.g. causes the victim to be ostracised, ridiculed or scorned).  Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The statement in question must refer to the victim by name or picture.  If the victim can be unmistakably identified in the libellous/slandering statement, this constitutes a tort of defamation.  The statement in question must be published or communicated to a third party.  To show supporting evidence that the statement has been publically read, shared and/or circulating, the victim might view the audience size in a viewer counter. This is an important number to present to the Court because audience size helps to quantify the damages. Thus the larger the audience, the greater the damage.  Aside from the mode and extent of publication of the defamatory statements, the Court also factors in the nature of the defamation, the standing and conduct of the parties, and the effect of the defamation on the plaintiff. What if the person who defamed you is a Singaporean but did so while abroad? The victim may apply legal action even if the publishing of defamatory claims occur outside of Singapore. An example case in which this happened was in Low Tuck Kwong v Sukamto Sia (2012) SCHC 233. Although the principal events surrounding the defamation and falsehood action occurred in Indonesia, the plaintiff brought the action to Singapore, where both parties are residents.  What if the person who defames you is not a Singapore citizen and does not live in Singapore? Can you still sue? No. Lee Kuan Yew set the record for the largest number of defamation suits in Singapore. He’s sued and won 21 cases in Singapore Courts. In 1999, in Lee v Globe and Mail, Nair, Lee filed a lawsuit against a Canadian newspaper over statements made by former president Devan Nair. The Canadian Court dismissed Lee’s court application. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Defence The defence can claim that the defamatory remark was unintentional and that it was published “innocently in relation to that other person.” In order to justify what is perceived as a defamatory statement and defend it as fair comment, the statement maker must prove that the statement was: An expression of an opinion The opinion was of a relatively unbiased person Based on true facts; and Related to a matter of public interest The statement maker may make an “Offer of Amends.” In doing so, the statement maker must have proof that his defamatory statement was made innocently and a public apology that also informs the recipients of the statement that its contents were defamatory.  If the offer is accepted by the party aggrieved and duly performed, the statement maker will no longer have to go to Court to settle a lawsuit. On the other hand, if the offer is not accepted, the statement maker must go to Court to prove the statement of question were published innocently and that the offer was made as soon as practicable after the defendant received notice that they were or might be insulting/defamatory. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If the statement is not defamatory but has very damaging effects, the victim may still have grounds to sue the person who published the statement under the tort of malicious falsehood. For example, if a blogger rumoured that Coca Cola the soda company, was the sole cause for his family members’ deaths, though the comment is false, it may cause the profit of the company to take a nosedive. In which case, Coca Cola may sue the person who posted the lie.  How much is Your Reputation Worth? The Court may award monetary damages and/or an injunction against the statement maker. Monetary damages are awarded to ease the distress suffered by the victim. The Court awards money to ease the stress and patch up the reputation of the plaintiff. In doing so, the Court will take into account the gravity of the statement, the effect of the statement, and the quantifying damage of the publication.  The Court may also instate an injunction. There are two types: prohibitory and interlocutory. Prohibitory injunctions are granted to stop the publishing of future defamatory statements. Interlocutory injunctions force the statement maker to retract the statement.  How can we help you Defamation in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in defamation laws in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. [...]

  March 4, 2021