Foreign Courts Archives

[Boeing 777-212] Singapore Court of Appeal explains role of Courts in evaluating factual vis à vis expert evidence for calculating damages

CoA dismisses appeal against SICC Judge’s decision regarding the calculation of damages for breach of an aircraft purchase agreement.

Case Briefs Foreign Courts

Whether Forklift is a motor vehicle under Road Accident Fund Act for road accident claims? Supreme Court of Appeal of South Africa decides

“Supreme Court of Appeal of South Africa in a claim for damages while dismissing the appeal unanimously held that a Hyster 250 forklift is not a motor vehicle as defined under the Road Accident Fund Act, 1996.”

Case Briefs Foreign Courts

[South Africa] Supreme Court of Appeal strikes down Section 6(1)(a) of South African Citizenship Act; Orders for restoration of Citizenship in absence of no express provision of dual citizenship

“Citizenship is the gateway through which a number of rights under the Constitution can be accessed. It enables a person to enjoy freedom of movement, freedom of trade and political representation. While it is true that certain rights in our Constitution adheres to South African citizens only, this court has repeatedly affirmed that arbitrary and irrational distinctions between citizens and non-citizens are inconsistent with the Constitution.”

Case Briefs Foreign Courts

[2011 Nigerian Oil Spill] UK Supreme Court unanimously rules in favour of Shell International; dismisses claims of continuing private nuisance

Supreme Court of United Kingdom: The instant cases filed against Shell International for compensation of damages resulting from 2011 oil spill, the

Case Briefs Foreign Courts

Counter-speech protecting interests of LGBTQ+ neither antithesis to public interest nor amounts to defamation; Canada SC dismisses SLAPP suit

In an anti-SLAPP ruling, Supreme Court of Canada dismissed defamation suit targeting counter counter-speech protecting rights of marginalised groups, i.e.; transgender and other 2SLGBTQ+ youth.

Case Briefs Foreign Courts

Andy Warhol Foundation’s commercial licensing of ‘Orange Prince’ to Condé Nast cannot be defended as fair use of Lynn Goldsmith’s copyrighted photo of Prince

Affirming the decision of the Court of Appeals (2nd Circuit), the Court with a ratio of 7:2 held that first fair use factor as under 17 US Code §107(1) favours Lynn Goldsmith and not AWF.

Case Briefs Foreign Courts

Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers

SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.

Case Briefs Foreign Courts

G1 license holder driving an ATV alone on highway for accessing trail with owner’s consent is minor breach: Superior Court of Justice, Ontario

The Court said that ignorance of the fact that G1 license holders had special provisions or restrictions while driving an ATV on a highway and not knowing that central lane is a highway is no defense.

Case Briefs Foreign Courts

[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya

With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.

Case Briefs Foreign Courts

US District Court | Texas’ anti-abortion laws do not have extra-territorial operation and cannot regulate abortions that take place outside the State of Texas

While deliberating over the case filed by non-profit abortion funds operating in Texas, the US District Court held that Texas’ Attorney General cannot enforce Texan anti-abortion laws outside the State of Texas

Case Briefs Foreign Courts

Records kept by companies fall outside the scope of Section 124(1) Evidence Act; Can’t be regarded as spousal communications within meaning of Section 124(1): High Court of the Republic of Singapore

High Court of the Republic of Singapore: While deciding a case related to marital privilege, Chua Lee Ming* J. held that records

Case Briefs Foreign Courts

Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity

The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.

Case Briefs Foreign Courts

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs Foreign Courts

Can’t allow collateral attack on the criminal convictions: High Court of the Republic of Singapore dismisses constitutional challenge by 4 inmates against provisions in drug law

“Despite the claimants’ assertion that they seek only to examine the Constitution, the true subject matter of the present application is the propriety of the claimants’ convictions, which were the remit of their respective cases in the High Court and Court of Appeal. This application for permission amounts to a collateral attack on the earlier criminal decisions.”

Case Briefs Foreign Courts

[Data Protection v. Right to Information] Google must de-reference/remove inaccurate data from search engine; ECJ rules

“A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupposes that person’s control over the use of that image, including the right to refuse publication of it.”

United States Court of Appeals (Seventh Circuit)

Case Briefs Foreign Courts

US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation

The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.

Case Briefs Foreign Courts

Canada SC | An accounting of profits requires that the infringer disgorge all profits causally attributable to infringement of the invention after the grant of patent

The Supreme Court of Canada was deciding a dispute between Nova Chemicals and Dow Chemicals, where the issue revolved around accounting of profits as a remedy for patent infringement.

Case Briefs Foreign Courts

Termination of a Swiss national's widower's pension: ECHR finds no weighty and convincing reasons for such differential treatment on grounds of gender

“References to traditions, general assumptions or prevailing social attitudes in a particular country are insufficient justification for a difference in treatment on grounds of sex, whether in favour of women or men”

Case Briefs Foreign Courts

Singapore Court of Appeal clarifies the proper interpretation of ‘reasonable costs’ under Order 110 Rule 46 and the way it needs to be assessed

The issue of cost recovery in various forums could impact the choice of dispute resolution forum by parties seeking to resolve their international commercial disputes in Singapore. This is a chief judgment for thirdparty funders, funding disputes in Singapore, as the degree to which costs may be recovered would be a relevant factor in making the commercial decision to fund a dispute.