Government of . alaysia v Suriani Kempe brings to the forefront the challenges of balancing certainty and relevance in constitutional interpretation. The constitutional amendment to prohibit gender discrimination purported to keep the Malaysian Federal Constitution (“FC”) aligned with current societal standards. It required the FC to be interpreted purposively and in line with the
Most would agree Malaysia is not anIslamic state. The mere description would be an affront to religious freedom enshrined in the Federal Constitution. However, a more relevant issue concerns the expansive position of Islam in political and legal discourse. Of growing concern is the status of the Syariah (Islamic) court. Is it of equal standing to the civil court?
Whether one is coming back from a night out or is in a rush to get to work, the use of ride-hailing companies such as Uber has been growing in popularity. The ease of such ride-hailing services – a driver just a few clicks away – has drawn a lot of consumer demand.
Statutes are all around us. They can be old or new. They can be relatively short or inordinately long. Some statutes are rigorously detailed while others are extremely vague. Some are not even in English. Like them or not, statutes have effect until Parliament repeals them.
NOM clauses or ‘no-oral modification’ clauses are clauses that prevent contracting parties from modifying a contract orally. In MWB v Rock, Lord Sumption, writing for the majority in the Supreme Court (UKSC), held that NOM clauses are effective in English contract law and will be enforced strictly.
In Montgomery v Lanarkshire Health Board,[1] the Supreme Court (UKSC) held that Bolam v Friern Hospital[2] is no longer applicable in assessing breach of duty in clinical negligence cases involving informed consent, overturning Sidaway v Board of Governors.[3] The Bolam test had established that the conduct of a medical professional was negligent if it did not accord with the views of a responsible body of medical opinion.[4]
When the Ever Given blocked the Suez Canal earlier this year, it came to global attention. The ramifications on international trade were not immediately evident, given that their extent depended on the success of the attempts to rescue the vessel. This event introduced many to the world of marine salvage
As this series has explored in depth,[1] SPACs have been met with plenty of investor enthusiasm in the US. And yet, while SPACs listed in the US raised £63.5 billion in 2020, the figure in the UK is a mere £30m.[2] This trend has continued into 2021, with 250 SPAC listings in the US and not a single listing
No one likes the word “monopoly” unless it refers to a board game. Late 2020/early 2021 has brought about a wave of lawsuits against ‘big tech’ firms such as Apple, Google and Facebook on the allegation of monopolistic behaviour. Seeing that the role of big tech in business has become increasingly
Cambridge has often been criticised for not divesting from fossil fuels immediately.However climate activists may not realise that the real culprit lies a rung above the university — it is the legislator who must take much of the blame
This series has considered both why SPACs have become such an alluring investment vehicle as well as how the advantages of SPACs may come at the cost of post-merger investors[1] and lower transparency.[2] This installment of ‘SPAC to basics’ considers how SPACs
The COVID-19 pandemic has seen universities conduct most teaching through online means, be it online lectures, virtual seminars, or pre-recorded practical activities. The word ‘unprecedented’ has been used widely to justify these
Despite the near constant reference to court-martial in any military movie involving a character “who doesn’t play by the rules” (in effect most films about the military), the British public has a detachment from its military justice system in a way America does not. This isn’t massively surprising.
The 1998 Rome Statute of the International Criminal Court (ICC Statute) is a crucial piece of legislation for the advancement of women’s rights in explicitly recognising and condemning sexual and gender-based violence. It refers to any act that is perpetrated against a
We turn now to the final ‘perspective’ analysis in this series.[1] Ironically, it is with this last actor—the sponsor—where the SPAC lifecycle begins.[2] The present installment is split into five parts, largely following the role of the sponsor through the lifecycle of the SPAC.
As noted in the first installment of ‘SPAC to basics’, use of SPACs as a means of taking a company public has boomed during the COVID-19 pandemic and is expected to remain prevalent in the near future.[1] This third installment of ‘SPAC to basics’ unpacks the advantages
