SYNOPSIS
Anneliese Day QC will consider the landmark English Supreme Court decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] 3 WLR 997 and its impact on (i) Quincecare duties of care (ii) illegality and (iii) attribution of directors’ knowledge. She will also consider broader policy issues relating to the role institutions and the civil law should play in relation to fighting financial crime.
Nathalie Koh will be discussing the proper construction of insurance policies in response to claims for losses incurred as a result of COVID-19. This follows her involvement (as a pupil) on the Financial Conduct Authority’s BI insurance test case, judgment for which is expected to be released mid-September (https://www.fca.org.uk/firms/business-interruption-insurance). She will consider, in particular, the issues of causation and contractual interpretation discussed therein, and whether Singapore should adopt a similar approach. Nathalie will also highlight the practical implications arising from the FCA’s decision.
Andrew Pullen will discuss the ‘reflective loss’ principle in light of the UK Supreme Court’s recent decision in Marex Financial Ltd v Sevilleja [2020] UKSC 31 (https://www.supremecourt.uk/cases/uksc-2018-0178.html). Whilst the Supreme Court was unanimous in deciding that the principle did not bar the claimant’s action in the case before it, the justices were divided on the reasons and gave differing accounts of the origin and nature of the principle. Where does that leave English law, and what assistance does the decision provide to other common law jurisdictions such as Singapore which may have to decide the scope of the principle under their law?
ABOUT THE SPEAKERS
Anneliese Day QC
Anneliese is a highly sought-after silk described as a “leading lawyer of her generation” who is frequently instructed in high-value and complex cases, both as counsel and arbitrator. She has extensive expertise in commercial, energy and infrastructure, conflicts of law, investment treaty, insurance, professional liability and shareholder disputes in both a national and international context. Known as having “extraordinary talent, eloquency, and ability to explain complex issues to lay clients”, she is a firm believer in seeking to bring added value to any case whatever her role.
She is often called upon to assist major corporate clients and high net worth individuals with cases concerning joint ventures, private finance initiatives, contract termination, contractual interpretation and other business issues. She occupies an almost unique position of operating at the highest level in both the commercial and construction spheres not only in the UK but also in Asia, the Middle East, the US, Europe and the Caribbean.
Described as a “charming, intelligent and ruthlessly brilliant advocate” and a “good leader for the 21st century”, Anneliese is equally at home in a court or arbitration setting and also regularly appears at appellate level.
Nathalie Koh
Nathalie has recently successfully completed her pupillage at Fountain Court Chambers and joined as a tenant in October 2020.
Nathalie grew up in Singapore and New Zealand. She obtained a first class degree in Jurisprudence at Queen’s College, Oxford and then went on to take the BCL at Merton and obtained the Ralph Chiles Prize in Comparative Human Rights, the Slaughter & May Prize in Constitutional Law, and the Fountain Court and Princess Royal scholarships, amongst others. She is fluent in Chinese.
During pupillage, Nathalie worked on a wide range of commercial, administrative, and professional discipline disputes. Particular highlights include proceedings in the Solicitors Disciplinary Tribunal relating to sexual misconduct, and a complex arbitration involving high value claims against Russian entities for breaches of a SHA. She is currently working on the FCA test case concerning business interruption clauses in insurance policies.
Andy Pullen
Andrew Pullen specialises in international arbitration, appearing as counsel and sitting as arbitrator. Andrew is an English-qualified barrister, based in Singapore since 2011. He originally qualified as a solicitor in 2002 and practised as a solicitor-advocate in Allen & Overy’s international arbitration group before joining Fountain Court Chambers.
Described as ‘enthusiastic and well informed’… with ‘a deep knowledge of arbitral rules’ (Chambers & Partners), Andrew’s experience includes cases determined under a wide variety of governing laws and arbitral rules, in Asia, Europe and the US. He frequently works as co-counsel with lawyers from many jurisdictions and has significant experience of interim measures and jurisdiction issues in arbitration.
With experience across a diversity of business sectors, Andrew’s recent cases range from construction disputes in Australia and Asia, to claims relating to software licensing and the development of pharmaceuticals, to joint venture disputes.
FEES
a. Registration fee
Seminar fee of S$100* (inclusive of GST) applies.
b. Group Registration
Seminar fee of S$90* (inclusive of GST)applies if there are at least 10 participants from the same organisation.
c. SMU Alumni (LLB / JD / LLM graduates)
Seminar fee of S$90* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 9 October 2020.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
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